If Isigned contract/offer to a company for a postage meter, can I refuse delivery of the meter and get out of the contract?
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If Isigned contract/offer to a company for a postage meter, can I refuse delivery of the meter and get out of the contract?
On the 14th I e-mailed a signed contract/offer to a company for a postage meter. On the 17th I contacted the company for a status and was told an account was not set up. I called 2x more on the 20th and 21st and was again told that an account was not set up. I left messages for the rep but never received a call or e-mail reply. On the 22nd, I set up an agreement with a different company. On the 23rd, the first company contacted me to say that a meter had been shipped, although I still have not received an e-mail confirmation of the contract. Can I refuse delivery of the meter and get out of the contract?
Asked on February 23, 2012 under Business Law, Indiana
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you signed a contract for a postage meter with a given company and the meter is now being shipped to you, you unfortunately seem to be in a contract for this unit due to performance by the vendor even though you have not received a contract signed by the vendor's representative.
You can refuse acceptance of the meter but from what you have written, it seems as though you are bound by the contract you signed for the item.
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