Legal Question in Business Law in Wisconsin

Unordered product

A couple of months ago, I returned a bad computer to ``emachines'' for warranty replacement. After some difficulty in getting the replacement sent to me, emachines air expressed a computer to me. A couple of weeks later, I received a second computer. I immediately called the company to tell them of the error, at which time the representative I spoke to said I would receive return postage for the computer so that I could return it. He also said his supervisor would call me the following day.

To date, three weeks later, I have not seen a return order form and have not heard from the supervisor. I am concerned about the liability should anything happen to the computer while it is in my possession. Note: the computer is still in the original, sealed carton in which it arrived.

Am I obligated to return the computer at my own expense if the company fails to provide for its return and am I liable for it should they fail to provide for its return in a timely manner?


Asked on 8/21/99, 4:37 pm

1 Answer from Attorneys
Stuart Williams

Re: Unordered product

My first thought was to ask for your name and address and I would send you a prepaid return address shipping label. Send it to me! I'd promise to pay if they ever caught up to you. But seriously, folks, ....

1. You have pretty good reason to be concerned

about liability should it get damaged; my concern would be heightened if they still have your credit card number (or if they were to get you, somehow, to give it to them again). TAKE CARE OF IT.

2. No, you are not obligated to pay for it if they never get around to sending you the return postage form. Are you thinking of keeping it to use or of selling it? That increases your risk because then you would be benefitting ("unjust enrichment") from it. But if the box is never opened, ....

3. Practically speaking, it's probably best for you to make another call, and, if another week goes by after that (which seems really unlikely) send them a registered letter. Don't sweat the details in the letter; it's their problem to figure out what they may have sent you, etc., not yours, so you really need to just say that they shipped you an extra computer, that you await receipt of a prepaid return shipping label, and make sure they have your address.

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Answered on 8/25/99, 9:59 am


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