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Subject:
Can A Customer Just Keep Overshipped Merchandise?
Category: Business and Money > Small Businesses Asked by: darlingm-ga List Price: $20.00 |
Posted:
18 Aug 2004 21:13 PDT
Expires: 25 Aug 2004 19:25 PDT Question ID: 389771 |
While going over some records, we found an order from six months ago that shipped twice. It's worth about $1000. We have copies of the FedEx delivery signatures, proving that the company received both shipments. We contacted them and asked if they would prefer to return the merchandise (at our freight expense) or pay for them. They responded that they don't have any record of placing two orders, so they refuse to do either, despite proof that two orders were delivered to them. Our system is well designed to prevent overshipping from being possible (we figured out the loophole.) We have never had to figure out what happens in this situation before. Since this situation was "impossible" for us, our terms and conditions don't address it. (Opps.) The company just placed the order with us -- there is no purchase order on their side for terms and conditions. My question is: If the customer decides to try to rip us off for about $1000, is there anything we can do about it? We have already secured an authorization on his credit card, however are not billing it until we find out what the legal situation is. |
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There is no answer at this time. |
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Subject:
Re: Can A Customer Just Keep Overshipped Merchandise?
From: probonopublico-ga on 18 Aug 2004 23:22 PDT |
This is tricky. Because sometimes delivery notes are signed by people without authority. Who knows? Maybe the legitimate customer rejected the delivery because it was a dupe and someone else in the chain seized the opportunity to work a fast one. Also, your having taken 6 months to discover the duplicated delivery doesn't help. If I were you, I'd write it off to experience. Look on the bright side: it's probably worth $1,000 for you to have discovered the loophole. |
Subject:
Re: Can A Customer Just Keep Overshipped Merchandise?
From: mdpa173-ga on 19 Aug 2004 04:43 PDT |
did you try sending them copies of the two fedexes - it is in itself proof and refutes their argument. you could just invoice them and handle it as a collection issue, make them prove they didn't receive it. if they are a big customer you may want to make a strictly monetary decision to write it off - although i personally abhor dealing with unreasonable or unethical business associates. the six month delay is something of a mitigating factor - it is aggravating to get a very old invoice. you could get a lawyer to write them a letter if he will do it for you for free or very little. some people use small claims forms without a lawyer although i have never done that. one final thought, they may think that they paid twice and don't wish to or unable to track their payments back six months. that was my first thought when i recently got a very old bill 12 months i think from Xer--. ps i am not a lawyer, just giving you some thoughts |
Subject:
Re: Can A Customer Just Keep Overshipped Merchandise?
From: probonopublico-ga on 19 Aug 2004 23:55 PDT |
Another thing that has occurred to me is that credit card transactions have to be processed within a limited time frame, otherwise the credit card holder can reject them anyway. This is (or used to be) the practice in the UK. Worth checking! |
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