Legal Question in Consumer Law in Arkansas

Storage of Damage Goods for Retailer

My question is what are my responsibilities and time requirements in storing damaged merchandise (large armoire, 132 lbs. 18 cu feet) received from a retailer? The retailer was notified (the same day as the delivery) that the armoire was unacceptable. I received a credit on my credit card. The replacement armoire was received 17 days later but the freight company refused to pick up the damaged item because they had no call tag. Now after 242 days, the retailer is saying there is a balance due.

What are/were my obligations in this matter?

Thank you in advance,

Pam Stevens


Asked on 1/27/04, 1:52 pm

1 Answer from Attorneys

Harvey Harris Harris Law Firm

Re: Storage of Damage Goods for Retailer

Did you actually pay anything for the damaged armoire? If not, it probably should have been returned to the company. Now, how it should have been returned is uncertain. Was the freight company supposed to pick it up? Did the company say anything about it at the time? You might just call them and try to return it now, if you still have it.

While the cost of returning the armoire should have rested on the company, the return should have been made. I know you are wanting to know whether you were responsible for returning it, but that depends on your original agreement and their standard practice of how they get returns back. You may want to look back at your sales agreement. Usually, there is some type of return agreement that could guide you.

The best thing to do is communicate with the company in a polite manner, telling them what you thought, what you did, how you tried to return it on the freight truck, etc. and try to work it out with them. Because, generally speaking, unless otherwise stated, the damaged armoire would be their property.

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Answered on 1/27/04, 7:18 pm


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