Failed Furniture Contract

[therealmrbynger]

What is the name of your state (only U.S. law)? Arkansas

My wife and I purchased several pieces of furniture from a store in Missouri. During the whole process the clerks asked where we were having the furniture delivered to and we told them Arkansas (about a 3 hour drive from the furniture store). Before we paid for our items the cashier entered our zip code to see available delivery dates and costs via common carrier for our items. She told us they would deliver and there was no charge. We paid in full for our contracts and left. A few days before the delivery date the store called and asked us why we hadn't picked our order up and my wife said we had a delivery scheduled (before this my wife even called and had another piece added to our purchase). When the person who called looked up our order they said that they don't deliver across state lines and if they did we would need to pay almost $1000 for the delivery. My wife challenged her and said our contract states a delivery date and time as well as no delivery cost. The manager called back later and said they were sorry but the cashier made an error but they could still not deliver and asked us if we wanted to cancel the order or get a truck and come get the stuff. I was out on business so my wife said she'd talk to me and have me call back. Before I call back is there any advice or grounds I can stand on to demand them to deliver? They pretty much took the blame off them and put it on their cashier and won't honor delivery.

 

[quincy]

What is the name of your state (only U.S. law)? Arkansas

My wife and I purchased several pieces of furniture from a store in Missouri. During the whole process the clerks asked where we were having the furniture delivered to and we told them Arkansas (about a 3 hour drive from the furniture store). Before we paid for our items the cashier entered our zip code to see available delivery dates and costs via common carrier for our items. She told us they would deliver and there was no charge. We paid in full for our contracts and left. A few days before the delivery date the store called and asked us why we hadn't picked our order up and my wife said we had a delivery scheduled (before this my wife even called and had another piece added to our purchase). When the person who called looked up our order they said that they don't deliver across state lines and if they did we would need to pay almost $1000 for the delivery. My wife challenged her and said our contract states a delivery date and time as well as no delivery cost. The manager called back later and said they were sorry but the cashier made an error but they could still not deliver and asked us if we wanted to cancel the order or get a truck and come get the stuff. I was out on business so my wife said she'd talk to me and have me call back. Before I call back is there any advice or grounds I can stand on to demand them to deliver? They pretty much took the blame off them and put it on their cashier and won't honor delivery.

If the store doesn't deliver to your area without cost, there is little you can do. The clerk made a mistake and mistakes happen. You could try to negotiate a lower delivery fee or, as the store suggested, you can hire your own truck or you can cancel your order.

 

[latigo]

What is the name of your state (only U.S. law)? Arkansas

My wife and I purchased several pieces of furniture from a store in Missouri. During the whole process the clerks asked where we were having the furniture delivered to and we told them Arkansas (about a 3 hour drive from the furniture store). Before we paid for our items the cashier entered our zip code to see available delivery dates and costs via common carrier for our items. She told us they would deliver and there was no charge. We paid in full for our contracts and left. A few days before the delivery date the store called and asked us why we hadn't picked our order up and my wife said we had a delivery scheduled (before this my wife even called and had another piece added to our purchase). When the person who called looked up our order they said that they don't deliver across state lines and if they did we would need to pay almost $1000 for the delivery. My wife challenged her and said our contract states a delivery date and time as well as no delivery cost. The manager called back later and said they were sorry but the cashier made an error but they could still not deliver and asked us if we wanted to cancel the order or get a truck and come get the stuff. I was out on business so my wife said she'd talk to me and have me call back. Before I call back is there any advice or grounds I can stand on to demand them to deliver? They pretty much took the blame off them and put it on their cashier and won't honor delivery.

Do you have legal grounds to demand fulfillment of the contract? Ideally, yes.

The "mistake" (if it was indeed a mistake) was unilateral, not mutual. Nor could it be considered so obvious an error as to render the mistake mutual. (For all you knew the store might have numerous customers at various addresses in Arkansas and made regularly deliveries within the state.)

Nor does shifting the blame from one employee to another alter the terms of the agreement. Nor can it be said that the cashier didn't possess (in the least apparent) agency authority.

But it isn't always an ideal world and I will venture that the store has more money to spend on lawyers than you do. And they have goods and you don't.