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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110442
Experience:  Attorney experienced in commercial litigation.
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What is the name of your state (only U.S. law)? TN I ordered

Customer Question

What is the name of your state (only U.S. law)? TN
I ordered 2 leather power motion sofas from an internet source. We had them delivered with "white glove delivery". Upon receiving them, the delivery men asked us to inspect and sign off. We fully inspected the leather and it all looked great. My husband said for them to wait while we hooked up the motors and the said "motors are not our problem" and quoted the part in the delivery info that connecting or installing anything was not their job.
So we sign and they leave. We put everything together on 1st sofa and it was great. Second sofa, not so much. It made terrible noises and didn't operate correctly. We then noticed that the bottom frame was quite bent and twisted which made us think the sofa had a bad fall.
The store was closed until the next day but we called once they were open and told them of everything. Long story short, they 1st agreed to replacing the sofa but only if we paid for a third couch. We refused to give them any more money as at this time we had been arguing for 3 weeks. Then I asked for 20% credit, a year added to warranty and for them to fix it. They agreed and demanded I remove the chargeback with my CC. My CC said not to do that until they did everything they were supposed to. Once I tell them that they said they never agreed to fixing it. I have it in writing. And now they say Federal law states that my CC will have to side with them because I signed off on it as not damaged.
My questions are:
1 - UCC states that I should have a "reasonable" amount if time to inspect. What is "reasonable"?
2 - Is it reasonable to expect a buyer to look underneath a couch for damage?
3 - if the motor is not covered by delivery and the only way to know there was a problem was with the motor on, did I sign away my rights?
4 - If I did sign away my rights, does their promising to replace or fix it with a credit that I have in writing on my service ticket negate that and will they be forced to stand by that?
Thanks in advance for any help and sorry it was so long.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Reasonable amount of time for inspection is based on each situation.
2) Upon delivery of the sofas, you were expected to look them over while they were being delivered to inspect for damage, that was reasonable and that would include looking at the frame, since the movers were carrying it into the home and such inspection at that time would be deemed reasonable.
2) As far as the motor, since that was not included in delivery and the service, you did not sign your rights away to be covered at least under warranty for the defective or damaged motor.
3) The manufacturer/seller is liable for that repair. If you have something in writing stating they would repair as you said, that is a binding contract and enforceable against the seller in court if they are now refusing to honor that repair and you can sue for breach of contract.
4) You have grounds to pursue the seller both under warranty and under their written promise to repair and if they refuse, then suing in court would be your next step.

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