About Jonas M. Grant, Esq. Expertise I can help with preliminary questions related to incorporation (S and C corps), LLC formation, and business entities in general. Additionally, contract law, entertainment, Internet, and intellectual property law (copyright / trademark, no patents).
Experience I am an attorney licensed in California and Illinois, with a Los Angeles business and entertainment law practice devoted to serving the needs of entrepreneurs, small businesses and start-ups, creative professionals, and the Internet and entertainment industries.
Bar Admissions California - Active Member in Good Standing, No Record of Discipline
Illinois - Active Member in Good Standing, No Record of Discipline
Education/Credentials JD/MBA, Indiana University School of Law / Kelley Graduate School of Business, Bloomington, Indiana; BA, Northwestern University, Evanston, Illinois.
Partial List of Legal Services Offered S corporation counseling and formation nationwide C corporation counseling and formation nationwide LLC (Limited Liability Company) counseling and formation nationwide
LLP (Limited Liability Partnership) counseling and formation nationwide
Corporation, LLC, and LLP dissolution and winding up nationwide
State & federal trademark and service mark filings and advice
Internet domain name disputes Copyright filings and advice
Custom-drafted contracts and reusable templates
NDA (Non-Disclosure Agreements) and other employment agreements
Contract/deal negotiation and dispute resolution
Website privacy policies, user agreements, legal notices Entertainment law services
Question I purchased an item of furniture by credit card & signed the invoice that I acknowledged receipt of the invoice. On the invoice it states cash & carry, no returns. I did not sign the area that stated the items purchased received in good condition because we ageeed verbally for them to do certain touch up & repair prior to delivery. They had a sheet with the name of a delivery service which also has their name on it. THey called & arranged for the delivery, but stated I should pay the delivery service direct & the paper also stated the delivery service was totally responsible for the furniture once it left the furniture store. THe paper did not require any signature.
The item was delivered without the agreed upon work being completed. The items was damaged in delivery. The furniture store store told us to have the movers bring back the piece to their store for a full credit. It has never been returned to the store, but I suspect it will be. We were told a full credit would be processed, but have not received it to date .
We live in Wisconsin. Where do I stand in contract law if this becomes messey.
Answer I am not sure why they didn't offer, or you did not suggest, that they repair the items, rather than take them back for a full refund?
You didn't mention the amount involved, but if they fail to credit your account, as I'm sure they probably will not so long as the furniture is in your hands, you may need to dispute the charge with your credit card company. You should make sure they have had every opportunity to pick up the furniture -- you have reasonably accommodated them as to when you are available to have the furniture picked up, have called the delivery company direct yourself to make sure they understand you are expecting a pick up, etc.
The store has created an oral contract, or altered their written contract, by offering to issue a full refund for the returned furniture. However, many such written contracts have a clause that says that the terms cannot be altered except in writing.
Their problem in that regard is it appears you didn't sign onto this or any other part of the contract, so they would probably have difficulty holding you to these terms.
The practical reality is that given what I would guess the amount in controversy to be, working it out directly with the store, and failing that, with your credit card company who will act as a go between, is your best bet. If all that fails, take your case to small claims court and tell your side of the dispute -- no knowledge of contract law will be required.
