Does my father have to pay for a product that he never received?

My father ordered a few parts for his backhoe. When the box arrived, one end was all taped up and the box was empty, only packing material still remained. Since the items were very specific to a rare make and model of backhoe, they probably weren’t stolen, just fell out. But either way, we had nothing to do with them going missing. My dad called the company and they said their “policy” was to re-ship the items, charge my dads credit card a second time, and when UPS repays them with the claim, they would debit my dads card back. I have a real problem with that, because my dad is out $200.

Asked on September 15, 2010 under General Practice, Louisiana


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That should not be the case. If this item was shipped insured by the dealer, then that is the dealer's issue and your father should not have to be the one to bear the burden of paying twice on their accounting books.  You inform them your father will gladly repay once they credit his account.  Once he receives the credit, simply re-order. Or they are free to simply send him the product for free and they simply need to follow up with UPS on their own.  Further, they bear the burden because they presumably packed the product incorrectly or negligently.

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