What to do if contractor is charging me for windows that he sent back but I did not receive and now I’m being charged for them?

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What to do if contractor is charging me for windows that he sent back but I did not receive and now I’m being charged for them?

He wrote me an email, telling me he was deducting the price from what I owed for the wrong window. I did sign the contract and didn’t notice the window was wrong. Because of that he is claiming I have to pay for the window I sent back and the new one. He never told me I would have to. Am I obligated to pay for something I did not receive?

Asked on October 10, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If, as per the contract, you ordered the wrong window, you would have to pay for them--BUT are entitled to receive said wrong windows and could, for example, resell them (e.g. on eBay or Craig's List) to recover some of the cost. Or he may charge you a small restocking fee and reshipping fee to correct the order, return the wrong windows which you had ordered, and get the right ones. What he can't do is charge you the full price for the wrong windows then not give them to you.

Note that for future reference, it is your responsibility to carefully check any contract(s) before signing; once you sign a contract, you are obligated to it.

 


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