united-states contract-law civil-law
What Legal rights and or Legal actions can I take against a company who sold me something different from what I ordered
<p>I ordered Ridged Brand 3' fence slats from a sub-company who claimed on line that they had them in stock.</p>
<p>When I received my order I found that the Company sent me the 5' Ridged slats, which they themselves cut into 3' slats.</p>
<p>They did not notify that this is what they were going to do before or after I purchased 9 boxes of them...</p>
<p>The main problem with them cutting the 5' slats into 3' slats, is that the Original 3' slats from the Ridged Company actually measures 32 1/2&quot; not 3'... So when I opened the box and place the slats into the fence I found they were 3 1/2&quot; longer the Original 3' Ridged slats that I previously ordered from Ridged Company through Walmart.</p>
<p>Now If I keep these slats I'm force to cut 648 slats to the right size to fit my fence and and they wont be evenly cut due to that I dont have the proper tool do make these precise cuts. Where as the 3' Ridges slats I received from Walmart fit perfectly into my fence!!!!  Also to return them would cost me around $300 or more out my pocket....</p>

<p>Taking legal action is not as effective as making a polite request for a refund, but there is a simple legal question that underlies your problem. It is possible, but not certain, that they breached their contract with you. If so, they have to make you whole, either through a refund or a replacement, or some clever third option. Before the court will get into the question of a remedy, it has to determine that there is a breach of contract.</p>
<p>What matters is not what you wanted, what matters is what they offered and what you accepted. I think it is most likely that they messed up and did not realize that the manufacturer's nominal lengths (how they advertise the product) are 3.5&quot; longer than actual length. The only way they can get away with deviating from the standard length is if they prominently disclaim the manufacturer's specifications. So you can check the web page for such a disclaimer. A close substitute is if they treat all orders as custom length order, where you have to specify the exact length that you want. In that case, it would have been your responsibility to give the exact length.</p>
<p>Requesting a replacement or refund is the first step. If that fails, you may want to lawyer up, unless it is clear that you ignored a disclaimer about actual size.</p>
