Winchester, MA asked in Consumer Law and Business Law for Massachusetts

Q: I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?

The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.

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1 Lawyer Answer
Michael M Marques
Michael M Marques
  • Boston, MA
  • Licensed in Massachusetts

A: Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you. There are a few factors that I would need to know before providing a more comprehensive answer. Did you already accept the order? How long ago was the order received? Is this a long-term contract with multiple orders already received or a one-time purchase? How large was the order and what was the purchase price? Did you purchase on the seller's merchant credit or simply with your business credit card or online payment?

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