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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110470
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This is a contract legal question in the state of Pennsylvania.

Customer Question

This is a contract legal question in the state of Pennsylvania. My fiancé and I went to a demo on 3/30/2016. We were told that the pots and pans were Titanium, the sales rep went through the aluminum, teflon, and stainless steel were all bad pots. These pots are suppose to whistle when the food is done cooking, you only need to set your stove to low, the handles aren't suppose to get hot either. Well the pans and pots are stainless steel not titanium. The handles do get hot and the food doesn't cook any faster like the sales rep stated. The contract also states: YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSAACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. On the back it states: YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR OBLIGATION, IWTHIN THREE BUSINESSD DAYS FROM THE ABOVE DATE. There is no date above it, it is blank. So is the transaction date the 30th or the 7th when my debit card was charged? I called them the 7th and the 8th of april to cancel and left messages. They returned my call on april 11th. I called back the 11th after work, and the women stated that they are stainless steel, and that we don't know how to cook with them and that they would send out a sales rep to show us how to use them. Isn't this a breach of contract since we didn't get what we were being told. There are three arbitrations to choose from that I can file: National Arbitration Forum, American Arbitration Associtation, and JAMS. Would you recommend any of them. Also the payment is suppose to be $88 a month for 28 months. This is also stated on the contract. However I still didn't get a payment book or anything about paying.
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 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.
If they said they were titanium and they are not, that is an unfair and deceptive business practice and would allow you to seek up to triple damages and attorney's fees in arbitration. All of the arbitration associations are about the same, so which one you pick is up to you and in most cases JAMS is usually fastest.
The date of the 3 days notice is the date on the contract itself if they did not put the date into the actual statement.
Based on their misrepresentation though, you have a claim for them sending you non-conforming goods, since they misrepresented the quality of the merchandise to you, which is a breach of contract.
You also need to file a complaint with the PA Attorney General Consumer Protection Unit regarding their unfair and deceptive practices.
They will have to send you something regarding payment dates and location to send payment, but that is not the issue. The issue is breach of contract and unfair and deceptive practices and for that you have a claim.