Legal Question in Consumer Law in California

Mistaken delivery of multiple items

I had a warrentee exchange of one airconditioner, and after the process should have been done, I received 12 (and they are still coming) air conditioners. I've told the vendor, but they have not done anything, they are still shipping them... no charge. When will I be under no obligation to return them, and can sell them or give them away?


Asked on 6/17/08, 10:21 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Mistaken delivery of multiple items

Wow! You can cool every corner of every room. You'd have a heck of an electric bill, though. Send the vendor a certified, return receipt letter, with digital photos, of the merchandise. Keep a copy. In the letter, give them a reasonable date to arrange for their pickup. Then, see what happens.

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Answered on 6/17/08, 10:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Mistaken delivery of multiple items

How utterly cool, as it were.

If you can prove you notified the shipper of the error, and it is not clear to me that you are required to write them certified mail RRR, seems to me they are unsolicited gifts and you can dispose of them in any commercially reasonable manner (e.g. eBay).

I would hang onto at least one of 'em in case the unit that you are using fails again....

...and this story needs to be sent to consumerist.com .

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Answered on 6/17/08, 10:48 pm


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