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Timothy, it is definitely not true. They don't get to make up the law to suit themselves. What you want to do is raise the stakes on them. Notify them of the history and their failure to perform pursuant to your agreement on October 17, and demand they do the install on October 17 as promised or refund all your money. Inform them that if they do not comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will resolve this to your satisfaction rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.
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