What to do if I bought a piece of large equipment from a national company and it is in another location and they say I have to get it out of the location myself?

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What to do if I bought a piece of large equipment from a national company and it is in another location and they say I have to get it out of the location myself?

Is that legal. If I buy something, don’t they have to make it available for me to pick up? In the original offer to buy they said it would be FOB at their warehouse. But when I received the invoice they say I have to get it out of the other location. Is there a law that requires them to make it available to me?

Asked on May 14, 2012 under Business Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was an offer to sell it FOB their warehouse and you accepted that offer, then they must make it available FOB their warehouse--they cannot change the terms and conditions of the transaction after you have already accepted their offer, creating an enforceable agreement. The law does not care where goods are available from or delivered to--it is whatever location was agreed to at the time of the purchase. If the seller will not honor its agreed-upon terms, you could sue them to force them to honor those terms, and/or for monetary compensation (e.g. for the cost of the extra shipping); unfortunately, that (a lawsuit) is the only way to force them to honor their commitment or seek compensation.


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