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I sell software online, and use a third party to processes the credit card payments (such as paypal).

One year ago, a customer purchased 2 of my products on different dates. Both were electronically delivered. After a few months, I received a chargeback for the 2nd product, from the credit card company. The other day, the customer asked me to redeliver the 1st product beacuse he lost the links -- there was no chargeback for this product.

I informed the customer I cannot redelived that product due to his prior chargeback. He basically has an outstanding balance because of the chargeback.

I am obligated, under law, to redeliver the 1st product?

Submitted: 623 days and 21 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

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Hartford, Connecticut

Answer

Hello XXXXXXX,
Yes, I believe you are obligated to redeliver the 1st product. You entered into two separate and distinct contracts of sale since they were on different dates and not part of the same transaction. Just because someone breaches a contract on one of the contracts does relieve you of your responsibility to perform on the other contract (the first sale). As long as it was understood as part of the first sale that you were required to redeliver because of lost links then you are required to do so to meet your obligations under the first contract of sale. Your remedy to recover on the second sale is a breach of contract action on that sale.
Thomas

Accepts:
Expert:	Thomas Swartz
Pos. Feedback:	99.1 %
Answered:	3/9/2008

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