What to do if I sold birds online but they arrived day late of their guaranteed shipping date and only 5 out of 48 were survived?

I reviewed the company’s tracking tracking and there’s no tracking information for a whole 24 hours. I have proof of everything through email.

Asked on June 7, 2014 under Business Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You would have to make your customer whole, since you did not provide them what they paid for (e.g. refund the cost of 43 birds). You in turn could ask the shipper to reimburse you and, if they will not, could sue them based on the fact that the deaths and delay would have been their responsibility (breach of contract; and/or negligence).

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