Should I be charged for cancelling the contract because the company broke the agreement?

Question

I sighed a contract on Sat. for home security system. Because there's a trip plan coming up, so I had to pay $40 extra in order to get overnight shipping. Here is what the original agreement says about shipping information, "Standard shipping is free. Your system will arrive in 5-7 business days. If you would like your system to arrive overnight, there is an extra charge of $40. Please note that all orders received after 2 PM CT will not ship until the next day. If you select overnight shipping after 2 PM CST, your system will not leave our facility until the next business day and it will arrive to you on the following day. If you place an overnight order on Saturday or Sunday, it will ship out on Monday and arrive on Tuesday. " But I did NOT receive the system on the day they said. So I had to cancel it. But now they are going to charge me so many kinds of fees for it. I don't think it's reasonable. But they said it's because I signed the agreement. Is it right?

Thanks guys! I called their cus. service... It's the worst part! They kept putting me on hold, cause they said they can't do anything about it, so they have to transfer to someone else... And I've talked to about 7 or 8 people, cause they always tell me there's nothing they can do! They just try to get their business back. It's the real reason why I can't suffer from them anymore. No business with them for sure! Why does this company hire so many people who can't do anything! I am still waiting for someone to call me back! It could last forever! Till now, I still don't know where my system is! They said it's on the way! But I was supposed to get it on Tuesday. And it really matters to me cause of the trip! Again, thank you guys!

Firstly, they said they use UPS to ship for the overnight delivery. But actually they didn't. They used USPS for standard mail. I think it's why it's late. And the fact is, I still haven't seen it yet. (On the agreement, it says it would ship out on Monday, and arrive on Tuesday. And today is Wed. ) I don't really think I should pay for their fault. But they stick to the agreement I signed. So I am just waiting for their call back. Meanwhile, if I do see the package, I will refuse it. Again, thanks!

Answer 1

No, it's not right. Cancel payment and tell them to go fvck themselves.

Answer 2

This falls under the UCC of your state. Generally the "perfect tender rule" states that a buyer may "reject" goods for any imperfect tender (this includes late shipping if the agreement stated an earlier date and you actually ordered it before 2:00). Did you accept the alarm system when the shipper delivered it? This may be an important fact as to whether you rejected the goods. If you did reject the goods you should be able to cancel the contract without breach. Plus seller has a right to "cure" (seller may not be able to successfully cure a late shipment because the shipping time was of the essence)

Further, even if you did accept the goods, you may be able to "revoke acceptance" however within in a "reasonable" commercial time. However, perfect tender rule does not apply and you must show the shipping "substantially impaired" your purchase of the goods.

Answer 3

No, you shouldn't have to pay it if that's the extent of the agreement. They agreed to have the product delivered by Tuesday according to the details you listed. There may be some other wording in the contract that you signed that would entitle them to a restocking fee but that should be waived if you never received the product. Talk to a manager at the company or file a small claim with the local small claims court. You could seek out the advice of an attornety on this if it is worth it or represent yourself if it is a small amount. Small claims court generally is for claims below 1000 dollars.
I would send them a written letter explaining that in lieu of payment you are choosing this method to resolve your bill in case they try to damage your credit. Be sure to be precise and don't embellish should you go to small claims court a judge will decide and no attorney is needed. Sorta like People's Court was on TV.

Answer 4

I would simply refuse the package and refuse the bill. If they send one, write on it that it did NOT arrive when we agreed so I cancelled it & I refuse to pay for it & if it ends up on my credit report, I will sue you (Even if it isn't true). If they have charged to a credit card number it would actually be easier. Call the bank and refute the charges. They will send a form for you and the company to fill out to decide the problem but there is often so much paperwork involved on their end to prove & collect their money they just let it go. Either way it will at the very least tie up the bill for months on end & they probably never go through that much trouble for $40. (Make them work for it!!) Also 6 months from now, make sure it doesn't end up on your credit report. If it does, you can dispute it with the credit agency. Each one has different procedures for this.

Answer 5

You're not really providing enough information. Did they actually ship the package by the day they said they would? Because if they did they really did do everything they agreed to do and there is nothing they can do if their shipper did not perform their part. You can, however, get reimbursed for the shipping from whatever shipper they use. If they did not even ship it the day they said they would, then you should definitely be able to get your money back.

Answer 6

No you should not have to pay. Don't let them get away with trying to take what isn't theirs any longer. Companies do this and we need to stand up for our rights to.

Answer 7

There is more to the agreement than just what you quoted. I would need to see the entire agreement to tell you.