# Legal question



## Gomer (Feb 2, 2004)

Lets do this as a time line (I have the emails at work so the dates might be slightly off):

1/10-- pre-ordered 3ft fixture

2/1 --fixture shipped 

2/2--fixture recieved but got a 4ft fixture instead.

2/4--company (middle man) got thefactory to send me a 3ft fixture as orderd.
contacted to get return label 

2/15 still no label so re-asked for a label (middle man does communicate but nothing happens). 

2/27 still no label so re-asked for a label (middle man does communicate saying that he has contacted the factory but nothing happens). 

3/8 still no label (mind you, the factory to return to is 1.5 hrs away so there is now mail delays).

I am SICK of this giant 24x8x50" box in my small apartment. Is there any legal thing that says I HAVE to return if the company does not respond with a shipping return label? Can I jsut sell/keep it? ..I just want it out of here and it is not my obligation to pay to ship back at my expense.


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## kretinus (Jan 19, 2005)

This is contingent on there being a prior, documented commitment from the company in question to cover return shipping.

You should send the company a registered letter, preferably restricted delivery to the person who would handle the return issues, informing them that you are still in possession of the item, and that they have 30 days from the date of receipt to provide you with a return label or written authorization to send it back COD. This letter should also state that failure to do so will result in your disposing of the item as you see fit.

Any time you are dealing with warranty issues or returns of any kind, it's a very good practice to deal with the matter in writing, even if it's handled over the phone, a follow up letter should be sent so that you have something in writing to rely on should it be neccessary to show what was said.

Although emails do have limited legal status as valid notices, there are very few cases to set any reliable precedent and I would definitely not rely on them for anything. You should appreciate your sellers help and cooperation, but what he says would most likely not have any legal standing as I doubt he has the authority to make any commitments on behalf of the factory.

If you haven't had a response in 30 days from them, you should be free to do as you wish with the item. I used to have to send out a lot of those letters from my computer retail days, we always had a shelf full of computers in the service department that customers just left there having decided to buy a new one elsewhere instead of having them repaired.


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