Legal Question in Consumer Law in California

Cancelling a non-cancellable order

I made a purchase for a $6000 kiosk that I was assured would be delivered by 1/2/08 by the salesman on the phone. The invoice indicated this as the estimated Delivery Date but I only saw this after I paid and recieved the invoice in the mail. The item didn't ship and they now estimate 2/15/08 and won't let me cancel. They also said I can't contact them any further since I was ''rude and demanding''. There is a 3 yr warranty with the item yet I can't contact them (if it ever arrives). Can I legally cancel the order since they have not delivered it on time or is 6 weeks late reasonable? It has already been 7 weeks and it was due 1 week ago. At one point they offered to cancel but then said they changed their mind and I would have to pay a 20% cancellation fee. Is there any amount of time that could pass before a non-cancellable sale could be cancelled if it's not delivered or can they wait as long as they want? And does not allowing me to contact them allow me to stop payment on my credit card?


Asked on 1/10/08, 7:12 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Cancelling a non-cancellable order

If they promised to deliver by 1/2/08 and failed to do so, they breached and you can rescind the contract. However, if you have a written agreement containing relevant and contrary terms, the analysis would change.

In any event, call your credit card company and tell them the seller is over a week late and insist that they reverse the charges.

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Answered on 1/10/08, 7:33 pm
John Steele Steele Law Firm

Re: Cancelling a non-cancellable order

You can refuse to pay since they breached (assuming the contract says 1/2/08 was the delivery date). If all you have is an estimated date, you are out of luck.

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Answered on 1/10/08, 9:35 pm


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