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under WA state contract law if product was accepted and used is customer entitled to refund, offer acceptance WA contract law
Seattle, WA
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Posted about 1 year ago in Contracts / Agreements
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product not exactly what was ordered:
MY wife owns a small wedding cake and dessert business. She recently delivered a wedding cake which was a slightly different color shade to the frosting than what was ordered. It was white and pale pink had been ordered. the cake was delivered and set up on time and was seen by the bride's wedding co-ordinator. The co-ordinator was advised of the color difference and she said no problem and accepted the cake. the cake was served at the wedding to all the bride's guests and nothing was rejected. A few days later my wife received a letter from the bride demanding a refund of her money because of the color difference. The bride is apparently a para-legal and threatened to take the case to small claims court if she did not receive a check. My wife decided to refund half of the amount of the cake and sent her a check. Today my wife received the check and a letter from the bride demanding the full amount of the cake within two weeks for shse would sue. I believe becuase teh product was accepted and consumed she should have no claim for a full refund or should my wife just pay her off and forget it.
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Answers (2)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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Personally, I would not let someone push me around like that. But, being a practicing attorney, I would not have to spend much time to learn the procedures or the law.
Your wife has to make a business decision. Even if the bride is legally wrong, is she in a position to affect your wife's future business? If the bride tells 100 of her best friends what a terrible experience she had with your wife, will that affect your wife's business? In WA, small claims limit is $4000. The procedures are simple. Your wife would have to take a few days off to get ready and go to court. What is your wife's time worth in comparison to the amount in dispute? 
Scot Jameson Johnston
This attorney is licensed in Washington and 1 other state.
Posted about 1 year ago.
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This is a UCC Article 2 question.
Clearly, the buyer accepted the goods. For one thing, her guests ate them. I think it's safe to say that eating the cake is "inconsistent with the seller's ownership" of the cake. In any event, it's going to be awfully difficult for the buyer to return the cake. Acceptance of goods doesn't, however, eliminate the buyer's remedy for their non-conformity -- at least if the buyer's letter few days later was "within a reasonable time" after she discovered the non-conformity. I suspect it would be. The buyer's remedy is the loss she suffered as a result of receiving a white cake instead of a pale pink cake. Even allowing for the natural sympathy which a court might feel for a bride, I find it hard to imagine that the damages could possibly amount to half the price of the cake. While any prediction of the result of litigation is fraught with uncertainty, I would expect the bride would come out worse as a result of the litigation than she would if she'd kept the check for half the price. Whether she should pay her off or forget it is, of course, another question. |
