Legal Question in Business Law in Pennsylvania

Purchasing

When I purchase something and do not receive all of my order, am I obligated to pay for it or should I receive a credit or replacement and what timeframe are we talking?


Asked on 3/23/07, 6:32 pm

1 Answer from Attorneys

Andrew Calvelli Law Firm of Andrew M. Calvelli

Re: Purchasing

It depends on the terms of your agreement with the seller. If the agreement called for full payment up front, then you would generally have to abide by the terms. However, you would certainly be entitled to a refund of any portion atributable to the unsent portion of the order. (Up to the whole amount if what you received was useless without the unshipped portion).

In addition, if these are "goods" as defined by the Uniform Commercial Code, you may have the right to reject the entire shipment due to noncomformity (i.e. some of it was missing). The seller then might have a right to "cure" the defect in the shipment.

Hope this is helpful.

Andrew M. Calvelli

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Answered on 3/24/07, 7:11 pm


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