Legal Question in Consumer Law in California

property shipped in error

Can we keep it?

We ordered key blanks this past April from a company in Arizona we've ordered from several times before. When our order didn't arrive by date promised, we called and were told it would ship that day. When it arrived, it wasn't what we'd ordered and of no determinable use to us. When we again called, we were told the correct items would be sent (which they were) and the incorrect picked up (which they haven't been). Do we have a legal right to keep the initial incorrect order? The blanks have Our company stamp on them so we could treat them as promotional items. Thanks. Note: The Arizona co's never tried to Charge us for them, just call every couple of weeks to say they're going to have them picked up. We're talking 2500 key blanks here so would like to be able to "stick them" someplace rather than hauling them out every 10 days or so for a possible pickup. I'm done.


Asked on 9/28/00, 3:10 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: property shipped in error

I would send them a letter summarizing your efforts to return the items and tell them you giving them one last chance. Tell them if they don't arrange to pick up the package within 30 days you are going to dispose of the items.

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Answered on 12/17/00, 1:51 pm


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