Legal Question in Business Law in Nebraska

received an item didn't order

We own a sub-s corp in NE. We do custom home integration. Home theaters, security, etc... In April we ordered a 58'' monitor from a new supplier. The could not get it for us when we needed. We cancelled the order. We got it from somewhere else. A month later, a frieght comp. delivered the TV from the original company. The supplier knew their mistake and has stated they will come to get it twice. They never come. At what point does it belong to us, not them. Is there a time limit at which point they can legally get it back?


Asked on 9/11/08, 2:54 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: received an item didn't order

The short answer no, you don't get a free TV. What you should have done is refuse to accept delivery when the freight company attempted to deliver. Make sure you document all communications with the supplier. You may provide them with written notice that if they do not pick up the TV within 10 days you will begin to charge them for storing the TV. You need to tell them precisely what you intend to charge and it needs to be reasonable for the circumstances.

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Answered on 9/11/08, 3:03 pm


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