Custom Sofa

[Ed Shimp]

I'm in Illinois.

I ordered a custom sofa. The clerk wrote up the order with the group number, model number, fabric number, etc. The numbers were meaningless to me but I assumed she filled the order out correctly and signed off on the order sheet. The sofa arrived with the wrong fabric. The clerk recalls the order and admits that it is the wrong fabric -- it doesn't go with the other pieces that I ordered at all. The small print on the order sheet says special orders cannot canceled and deposits cannot be refunded. It was her mistake when she wrote the order. Is it my problem?

 

[JETX]

"Is it my problem?"
***Depends on the specific FACTS (and documents).
The bottom line is.... YOU had an obligation to understand what all those numbers meant when you signed the agreement verifying and accepting them.

 

[Ed Shimp]

There really aren't any more facts. I was told by them that "those numbers" refered to the fabric I desired. Isn't that verification? Is it resonable that I should assume they don't know their business, go behind the counter, pull out their books and fill out the order form for myself? Further, (and this is a technical point) the order form discusses payment and delivery but nothing about my verifying that the order was correct or it being my responsibility. This is after all their business and they made the mistake. Am I truly required to catch their errors?

 

[mykoleary]

...The clerk recalls the order and admits that it is the wrong fabric -- ... It was her mistake when she wrote the order. Is it my problem? [/B]

And what did the store manager say when you asked them to correct the problem and swap the sofa you recieved for the one you wanted?

 

[JETX]

"I was told by them that "those numbers" refered to the fabric I desired. Isn't that verification?"
*** Nope. Verification would have been for you to ask him to show YOU the numbers in the book. After all, that is why they ask the CUSTOMER to "sign off on the order sheet" to CONFIRM that what is put down is EXACTLY what THEY want.

"Is it resonable that I should assume they don't know their business, go behind the counter, pull out their books and fill out the order form for myself?"
*** Nope. But is it reasonable for you to just 'assume' that they never make a mistake and yet to still CONFIRM their information by signing off on it??!!
Before you assumed liability by signing, you should have double checked their numbers.

"Further, (and this is a technical point) the order form discusses payment and delivery but nothing about my verifying that the order was correct or it being my responsibility."
*** That interpretation would depend entirely on the actual form and ALL the contents.

"This is after all their business and they made the mistake. Am I truly required to catch their errors?"
*** If they are wanting you to 'sign off' on the order, yes.

 

[Ed Shimp]

Resolution

The conversation was getting tense but remained pleasant with the store manager. This is not a large chain store so the manager was going to bring the matter up with the owner. He is due back in town today. Well, as my sofa (or rather the sofa that I didn't want) sat in their warehouse another customer came along and bought it. It is an exceptional piece of furniture even with the wrong fabric. So I'm off the hook except that I have another eight weeks before my sofa will arrive. The bullet is dodged and the lesson learned I suppose. In truth it was a mistake. And I will probably make five more mistakes before the day is over. Thank you all for your input.

 

[JETX]

Ed, I am glad that it worked out.... and the merchant was able to sell the sofa (presumably for the same price) and that would relieve you from obligation to accept it.

Hopefully, and when the next salesman says, "Oh, that is style 4205XWK. Please sign here to confirm your order.", we have learned to say.... "please show me that is the correct style" BEFORE signing.