Custom Couch Not Customized Correctly

December 1, 2007 11:08 AM

Are we stuck with a custom-made couch we ordered that wasn't made to our specs?

We ordered a custom-made couch that was delivered this morning. We paid an extra $150 to have the couch be 84" long. The couch they delivered was 78" long. The problem is, we signed a delivery receipt that says the furniture was in good condition "as ordered." Are we stuck?

If we're not stuck, should we ask them to make us a couch to the original specs or keep this couch and ask them to refund the $150 for the custom work? We could probably live with the couch they delivered.

posted by kirkaracha to home & garden (6 answers total)

When the couch was delivered, presumably you didn't get a tape measure out and measure it, so you couldn't have known at that point that it was too short. In a small claims court I expect any judge would realise that.

(FWIW, I always add 'goods not inspected' on any receipt I'm asked to sign by a delivery person.)

If the order says 84" and the couch is 78", then that's self-evident that the couch is not as ordered, so the manufacturer is in breach of contract. The remedy for breach of contract is either rescission of the contract (take the goods back and give us our money back) or damages. Contact the manufacturer and explain that you didn't get what you ordered, and ask for the difference in price, if as you say, you can live with it.

If you paid by credit card, and you can't resolve the dispute with the manufacturer, contact your credit card company and see if they'll do a chargeback. That should concentrate the seller's mind.
posted by essexjan at 11:17 AM on December 1, 2007

Call them up and tell them about the discrepancy to see how they react. I doubt the delivery receipt covers anything but the delivery people (no holes, stains, etc.).
posted by rhizome at 11:19 AM on December 1, 2007

[Working in hoity-toity custom furniture place right now...]

1) If the couch is in a contemporary, non-unusual fabric and is of a style that's not unusual, the store may be ok to just take it back and sell it on their floor and order another one made for you.

2) The store should have an easy time refunding you $150. I say this because most custom couches that are available with dimensional changes start at $3000 CDN, and $150 is such a tiny fraction of that.

3) If they want to start playing lawyer-ball (IANAL) they may use the fact that you signed off on the receipt of the couch as it is, in which case you'll be stuck with it. Maybe you can negotiate for the $150 refund anyways.

I'm still surprised that it's only $150 to add 6". In my experience it's around 15% to do any dimensional changes.
posted by Extopalopaketle at 11:24 AM on December 1, 2007

Just call them up and explain the situation. Generally a company will try to keep customers happy, especially if the company made a mistake. They want you to be satisfied with your order so that you will order your next couch from them.
posted by burnmp3s at 11:59 AM on December 1, 2007

I'm going to just pile on to say the first person you should ask this question of is someone in customer service at the furniture company, and you should do it cheerfully, with the friendly assumption that they want to make it right--because they almost certainly do, IME. Especially since you're feeling more-or-less flexible about it--you'd be OK with a longer couch, or with your very modest $150 back.

You may be experiencing the panic of getting bad news on the weekend--I always go crazy when I get something that needs to be dealt with on Friday or Saturday and can't do anything until Monday. But it will work out.
posted by not that girl at 4:44 PM on December 1, 2007

I called them and they immediately offered to replace the couch, or refund the customization fee and keep the couch as an alternative.

Then they had the delivery guys come back and measure the couch again to double-check, and it's 83".
(A non-me person in our household measured it initially.)

These guys were excellent at every phase, and the couch is great.
posted by kirkaracha at 6:12 PM on December 1, 2007