Miami, FL asked in Consumer Law, Contracts and Products Liability for Florida

Q: Options for kitchen cabinet delivery without notification, just dropped and left outside for 2 days in rain-damaged


I ordered kitchen cabinets online from a dealer in another state. The first delivery (of 2) was supposed to be delivered with prior notice to my contractor. The freight company just dropped the pallets in front of the garage where they stayed for 2 days in constant rain. Nobody was ever notified, even the freight companies tracking system is still showing "waiting for delivery".

My contractor unpacked and found quite some visible damages (photo protocoled).

When contacting the kitchen company they said that my contractor needs to scan each damaged part so they could send replacement. Apart from the extra work and hence costs for my contractor I suggested to send a complete new batch as possible hidden water damages might show up much later. Also I am thinking to withdraw from the contract and get my money refunded.

The contractual terms only cover handling of damages after signed acceptance which is obviously not the case here. What are my options? Thank you.

1 Lawyer Answer
Linda Liang
Linda Liang
  • Boca Raton, FL
  • Licensed in Florida

A: It's clearly a negligence case. Meaning it is common sense that someone should be notified right away considering the possible rain. You should hire an attorney to write a demand letter.

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