What to do if I did not receive the right item I ordered?

After testing samples of a variety of t-shirts I placed an order for 1,500 t-shirts for an event I recently put on. All the shirts showed up with one small problem – they were not what I ordered. The quality was significantly lower (i.e. the shirt necks are much larger and not stretch resistant, as well as being an inch or 2 longer than the sample). I sent both examples of the “samples” and the regular shirt back to the supplier who agreed with us enough to seek resolution from the manufacturer. The manufacturer has not responded to any inquires and the supplier is offering 25% of the remaining balance. I am wondering what this looks like “legally”?

Asked on September 5, 2012 under Business Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I need to understand something: did you keep the shirts for the event anyway?  Probably because you had no choice?  Your option would have ben to send them back and ask for a complete refund but I think you used them anyway.  So what they are offering is compensation back. That seems reasonable unless you can prove that the inferior shirt in some way caused you other monetary damages. Now, how much would the order have been had you ordered the t-shirts that came?  That is a good starting point to negotiating the amount to be refunded. Good luck.


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