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  1. #1
    Join Date
    Oct 2016
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    1

    Default Can a Company Charge Additional Fees to Correct an Error

    My question involves a consumer law issue in the State of: Ontario Canada

    I ordered 2 identical custom sofas from a retail store to be made by local manufacturer. they were delivered (after 14 weeks) in June 2016 and were not to the specifications on their online full product list.
    i ordered 2 seater sofas that were shown as a 3 cushion sofa. my sofas have a bench cushion on each sofa. i brought the error to the retail store's attention immediately and they in turn contacted the manufacturer. After 4 months of going back and forth the manufacture will only correct the cushion if the bench cushions are returned and i pay $90 per sofa (total of $180 plus tax). the sofa showed 3 cushions from Feb 2016 and still shows as this on the manufacturers website. I also visited the manufacturer showroom on 2 accounts whereby the showroom rep indicated this sofa was a 3 seater with 3 cushions each. they are essentially saying the sofa i purchased did not come with cushions?

    Can i file a claim thru small claims court against the manufacturer or do i have to go against the retailer?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Manufacturer/ Retail Wants More Money to Deliver What I Ordered and Paid for

    This forum deals exclusively with US law. You'll need somebody verse in Canadian law.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can a Company Charge Additional Fees to Correct an Error

    Speaking as a practical matter, without getting into Canadian law....

    It's reasonable to infer that the manufacturer is taking the position that it delivered the exact product that was ordered, and thus that it is willing to make the change (probably at cost) but is not willing to do so for free. The question thus becomes whether the product that was delivered was the product that was ordered and, if so, whether the error in the order originated with the customer, with the retailer (e.g., using the wrong product number, using outdated marketing pieces, etc.), or the manufacturer.

    If the mistake did not originate with the manufacturer, it's perfectly reasonable for the manufacturer to charge a fee.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Company Charge Additional Fees to Correct an Error

    Also not involving Canadian law;

    Unless your contract somehow side stepped the retailer, your issue is with the retailer. That is who you purchased the couch from. The fact it was a direct ship from the manufacturer does not remove the retailers position and obligation to provide you with the correct couch.

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