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Old 09-16-2014, 09:29 PM   #1
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You are a Judge. What do you say?

Two weeks ago I went into a LFS and inquired about ordering a 120 gal dual corner overflow tank. We looked at one on display they had set up and I went home to think about that one.
Upon deciding on it ,I went to the store to buy it and talked to the asst mgr. about dementions and all. We got all of that cleared up and he wrote the ticket for ordering it . I reiterated that's for dual corner overflows. He said "right "and finished up the ticket. On the ticket he wrote "W/overflows". on my receipt which I have. I paid for it and also $100 for delivery.
About a week goes by and I go to the store to check on some things I want to buy. Low and behold, the tank was sitting in the middle of the floor. CENTER overflow l. I pointed this out and reminded them it needs to be DUAL corner overflow. I mean what in the heck is so hard about that? Anyway the guy made a phone call. to someone named Mike. They are all named Mike actually. They concered that I had specified dual corner overflow and decided to reorder the correct one. Thank God I went to the store that day.
One week later I get a call that they will be delivering Mon. between 12 and 2. They show up at 11 while I am sitting in my Living room on my computer on AA.( i'm retired)
They bring in the tank and I am overwhelmed! They set the t250 lb tank on the stand .I am speechless! The brought me a left side single.I told them I ordered a Dual Corner over flow. Their response was that MARINELAND DOESNT MAKE THOSE ANYMORE. If I wanted a DOF, the only way to get one is the mid back model like they ordered the first time ..and they left.. No one spoke to me about the dual corner not being made anymore . That was a lie anyway. I
They just came over and plopped down whatever the hell they wanted to. I wrote Marineland, told them about their vendor, and they gave me the model number (the one they don't make)of the tank I wanted.
I am fuious! I am considering filing charges for fraud I did send them an EMail letting me know that I know they screwed me. But we aren't done!
I gave the LFS called FishBiz. 3 options. !. delivering the right tank I ordered. 2, Give me a full refund. 3 Go to magestrates court and defend their actions.
If you were on the jury,what would you say?

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Old 09-16-2014, 11:04 PM   #2
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IF there is a way to cancel your payment, that would be my #1. If not, #2 is a call or better yet, a visit to the manager or owner of the store to let them rectify things. #3 is contacting the consumer advocate from a local TV station. If all else fails and you have written proof of the item you ordered and they ordered for you but did not deliver, then it's up to the courts. Unless there is a section in your receipt that says that the store can, without your permission, send a substitute product of similar value and usage, you should have a good case. I am not a lawyer ( and I don;t play one on TV ) but I believe that's the most prudent route to take. Court costs and time waiting may wind up only adding to your frustrations which is why I suggest letting the owner fix things.

Hope this helps
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