It is a very frustrating experience to wait all day for a delivery
person who doesn't call or show up with your goods. Under New York
State Law, businesses which sell home furnishings or major appliances
are required to list the delivery date or range of dates in writing on
their contract. This must be done ON THE CUSTOMER'S COPY at the time
the order is taken.
The law covers home or business furnishings items such as chairs,
tables, cabinets, sofas, beds, and carpets. It also covers any major
household appliances that cost over $200 such as air conditioners,
stereos, TV sets, washers and dryers. This law does not cover
custom-made and made-to-order goods.
If the business cannot deliver the merchandise by the latest
delivery date, it must notify the customer by writing a letter which
must include a new anticipated delivery date or range of dates and the
consumer's options if the seller fails to deliver. These options
include the customer's right to:
1) cancel the contract and obtain a full refund within two weeks of the company's receipt of their request; or
2) cancel the contract and obtain a credit equal to the deposit; or
3) modify the contract by making a new selection of furniture or major household appliance.
This does not apply if the delivery delay was caused by a
strike, act of God, or entirely by the consumer. Consumers may sue to
enforce this law for three times the actual damage, or $100, whichever
is greater.
