[DCameronMauch]

Okay. Bought a piece of equipment from a out of town dealer. The unit was drop shipped by the manufacturer. It broke after one day. Called the manufacturer to see if they could figure it out. They had me send it back to them for repair. After I thought about it, I called the dealer and told them I wanted to just return it. They didn't have any new ones in stock, and didn't want to wait three weeks for them to repair my 1 day old unit. The dealer understood and agreed to refund it. A week alter, I got the money back. But then three weeks later, the manufacturer send the unit back to me. I sent three emails to the dealer. Haven't heard a word back from them in a month now. Thinking about just selling it. But what is a legally reasonable amount of time to wait?

 

[LawnGnome]

Contact them, tell them THEY pay for the shipping, and THEY pay to have the shipping company pick it up.

If they don't do that within a week, I'd sell it.

 

[Lazarus Short]

If I understand the law in these matters correctly, anything arriving to you in the mail is YOURS, no ifs, ands, or buts, as long as it was addressed to you. Be happy.

Laz

 

[LawnGnome]

Quote:

Originally Posted by Lazarus Short /img/forum/go_quote.gif If I understand the law in these matters correctly, anything arriving to you in the mail is YOURS, no ifs, ands, or buts, as long as it was addressed to you. Be happy. Laz

That doesn't mean your not financially responsible.

I'd double check, since they might try to attack his credit, if he doesn't pay, and they realize it later.

 

[Blitzula]

Quote:

Originally Posted by Lazarus Short /img/forum/go_quote.gif If I understand the law in these matters correctly, anything arriving to you in the mail is YOURS, no ifs, ands, or buts, as long as it was addressed to you. Be happy. Laz

I doubt that that's correct. You can't get your money back AND keep the unit, obviously. I believe you're thinking of unsolicited goods that are received...that isn't this situation.

As a pratical matter though, I wonder what you're supposed to do if the dealer doesn't respond. I'd send a certified letter with signature required for acceptance and let them know that if they don't contact the poster within X days, he's selling the unit. And if they do want the unit back, they have to pay for shipping and the certified letter costs.

 

[raymondlin]

Quote:

Originally Posted by Lazarus Short /img/forum/go_quote.gif If I understand the law in these matters correctly, anything arriving to you in the mail is YOURS, no ifs, ands, or buts, as long as it was addressed to you. Be happy. Laz

The law according to what?

If a bank put money in your account accidentally, it's still not your money.

Unsolicited gifts that doesn't belong to you are exactly that, depending on the state or country you are in, there might be a time limit for the sender to retrieve the item in question. The normal procedure is sent in writing to the sending notifying them they have sent it in error and they can pick it up via courier, give them 14 days to reply...etc

 

[will75]

Give it a few weeks. The answer will probably present itself.

 

[ecclesand]

You got a refund from the dealer and the Mfr returned the repaired unit to you. Which means, you did not pay for the returned unit. Legally, I don't know if it's theft or not. Morally, it is absolutely wrong to keep it (or sell it). I would take it to the dealer who refunded you the money.

 

[will75]

Quote:

Originally Posted by ecclesand /img/forum/go_quote.gif You got a refund from the dealer and the Mfr returned the repaired unit to you. Which means, you did not pay for the returned unit. Legally, I don't know if it's theft or not. Morally, it is absolutely wrong to keep it (or sell it). I would take it to the dealer who refunded you the money.

The problem is it's an out of town dealer. He would have to pay shipping. That's certainly not fair. He has also tried to contact them.

I still say sit tight for a bit.

 

[LawnGnome]

Quote:

Originally Posted by will75 /img/forum/go_quote.gif The problem is it's an out of town dealer. He would have to pay shipping. That's certainly not fair. He has also tried to contact them. I still say sit tight for a bit.

Agreed, companies have to be responsible as well. Either they pony up the full costs for shipping, or they learn a lesson in proper business practices.

Businesses can't be sloppy and expect the consumer to clean up the mess.

 

[ecclesand]

Quote:

Originally Posted by will75 /img/forum/go_quote.gif The problem is it's an out of town dealer. He would have to pay shipping. That's certainly not fair. He has also tried to contact them. I still say sit tight for a bit.

Sorry...missed the part of the out of town dealer...

 

[FallenAngel]

I'm surprised the dealer gave you a refund without accepting the unit back from you. I still think you should return the unit to the dealer, but it should have to cost you anything (including time) to do so. Send them an email describing what happened (which you already did) and just wait for response. They should pay for shipping of the unit back (considering they want it, not you) and I'm pretty sure they'll do that.

 

[evilking]

Most companies will want their stuff back if it hasn't been paid for. They might not know it now, but they will realise in time, how much time just depends on the items worth. Even if you get no response, I'd be wary of selling it so soon.


EK

 

[DCameronMauch]

I would like to have a completely clear conscious before trying to sell it. So I also tried calling the dealer today. Apparently their email server is messed up. He never got my emails. So he was still unaware of the situation. He is going to have the manufacturer send me a return shipping label.

 

[ken36]

You, my friend, are in the catbird seat. Whatever that is. Offer this company business advice. They surely need it.