excess delivery

[STEPHAN]

What is the name of your state? FL

A fee month ago I ordered 9 wall unit AC systems and 9 sleeves for them. The sleeves arrived, the palette with the ACs went missing at the carrier. The supplier sent a new palette, it arrived quickly.

About two weeks later the first palette arrived. I emailed and called the supplier right away.

They send me an RMA form, wanted me to note all serial numbers and take photos of every box, etc. before they would accept the shipment back. I told them that it must be a misunderstanding and explained again.

I was promised a return call that never happened. Next week I called again, offered to buy the units if they give me a good price. Was promised a return call, did not happen. I sent an email to the president - no answer.

I put the palette in my garage and left my car outside for the last 4 months.

What is the legal situation?

Thanks for your help!

Stephan

 

[Zigner]

Part of the problem is that you could have refused the second shipment. I think a good old-fashioned letter is in order. Return receipt requested.

 

[adjusterjack]

They send me an RMA form, wanted me to note all serial numbers and take photos of every box, etc. before they would accept the shipment back. I told them that it must be a misunderstanding and explained again.

What misunderstanding?

How tough would it have been to just comply with the request?

 

[Zigner]

What misunderstanding?

How tough would it have been to just comply with the request?

I suspect that Stephan is concerned that they are viewing this as a customer who wants to return items that they no longer want.

 

[quincy]

STEPHAN, were you charged for the duplicate shipment or were you just billed for the single palette of air conditioners?

From the FTC:
https://www.consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-products

How was your order delivered (i.e., FedEx, USPS, other)?

For an honest delivery mistake, you should contact the seller (as you did) and offer to return the merchandise. However, the seller should provide you with a return label and pay all return shipping (posting/handling) costs.

Although a phone call is a fine first contact, you should follow up with a formal letter reiterating what was said on the phone, and you should give the seller a time limit for sending the return label and/or to retrieve the extra air conditioners.

Four months is a long time to wait for the seller to respond.

 

[STEPHAN]

The shipment was dropped off on our property when nobody was there. I was not billed for the shipment.

They treated me like a customer who wants to return a product. I was very clear in my communication.

Ultimately I don't mind keeping these ACs if they give me a good price. I bought some before Corona at a 40% discount from them, so they must have a lot of margin.

I am just trying to find out what the legal situation is so I can better negotiate. For example: Can I charge them for storage?

The FTC website says:

By law, companies can’t send unordered merchandise to you, then demand payment. That means you never have to pay for things you get but didn’t order. You also don’t have to return unordered merchandise. You’re legally entitled to keep it as a free gift.

However, I don't feel that is appropriate.

 

[LdiJ]

The shipment was dropped off on our property when nobody was there. I was not billed for the shipment.

They treated me like a customer who wants to return a product. I was very clear in my communication.

Ultimately I don't mind keeping these ACs if they give me a good price. I bought some before Corona at a 40% discount from them, so they must have a lot of margin.

I am just trying to find out what the legal situation is so I can better negotiate. For example: Can I charge them for storage?

The FTC website says:

However, I don't feel that is appropriate.

Sometimes companies will not have you return a wrong shipment because the cost/hassle is not worth it to them. There is also the possibility that they have been reimbursed already by insurance for the "lost" items and that is why they are not following through.

Depending on the size of the company you purchased the items from, writing a letter may or may not be a waste of time. Email or using a "contact us" link may actually be more likely to get you to the right department/people if the company is large.

 

[quincy]

The shipment was dropped off on our property when nobody was there. I was not billed for the shipment.

They treated me like a customer who wants to return a product. I was very clear in my communication.

Ultimately I don't mind keeping these ACs if they give me a good price. I bought some before Corona at a 40% discount from them, so they must have a lot of margin.

I am just trying to find out what the legal situation is so I can better negotiate. For example: Can I charge them for storage?

The FTC website says:

However, I don't feel that is appropriate.

If you have the extra air conditioners and want to purchase them because you don’t feel right about keeping them for free otherwise, I know of no company that will not accept payments for items delivered by mistake.

You probably will want to do as first instructed by the company, however, and write down the serial numbers of each box and take photos - and include these with a letter explaining that the air conditioners were sent to you as a duplicate to another order. State that you will purchase the duplicate order to save the company return shipping costs if you are offered a good purchase price. Give the company 30 days to respond.

If you don’t get a response, you have done what you could. Keep the air conditioners.

Make sure you are keeping a good record of all communications.