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contract - goods (items did not come by the promised date)

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  • contract - goods (items did not come by the promised date)

    live in California and I placed an order for some goods last July. I was promised by the seller that I would receive the goods in advance of August 3rd, when I had a huge sale planned. A great deal of correspondance took place via email and phone where the seller continued to state that I would have all of the goods by the promised date. Needless to say, I didn't not even receive a quarter of the goods by the date. I contacted the seller via email and stated that due to their breech of our contract that I would not longer be paying for the items that did not come by the promised date. The seller ignored these notices and continued to send more of the merchandise. I continued to contact her and I also stated that all of the items that she sent after the promised due date would be held and she would have to pay the return shipping on them to get the items back. I also stated that I had put a stop payment on the credit card payment that I had made to her when the order was first placed. My credit card company investigated the incident and required that I pay for the items that I did receive before the promised due date, which I thought was very fair. They credited my account for the remaining balance and closed the investigation. The investigation has been completely closed since the end of November. I have now been storing the additional products since August. Do I have the right to sell these items now since the seller has not contacted me regarding them and I was very clear back in August and September of 2006 of what she would need to do to have the items returned to her. She also stopped communicating with me after I told her that I was going to put a stop payment on my credit card for the items. Please, any help would be appreciated.

  • #2
    re: contract - goods (items did not come by the promised date)

    You need not pay for the extra items but should give solid written 30 days notice to her that you will ship back at her expense. After that you can indeed keep them or dispose etc.

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