If a moving company delivered my stuff more than3 days after the agreed upon date, am I entitled to pay a lesser portion of the agree upon rate?

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If a moving company delivered my stuff more than3 days after the agreed upon date, am I entitled to pay a lesser portion of the agree upon rate?

I have a friend who moved from TN to FL and the delivery for her stuff was, I believe, either 4 or 5 days late from the agreed upon delivery date. The moving company, a franchise of a national company, thought it fair to charge her 60% of the agreed upon rate, although she felt with the inconvenience they caused her, she should pay less than that, so she paid half of the 60%. She has now received a letter indicating that the parent company will be contacting her to collect the entire agreed upon rate. Does she have any rights, should she hold her ground?

Asked on August 31, 2011 Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless time was of the essence in the contract and both agreed that time was of the essence (had to be delivered by x date and here is the consequence if not delivered by x date), your friend should be happy the company charged her only 60% of the agreed upon contract amount. A 40% discount for only being four to five days late could be considered a significant reduction and if she does not pay the remaining amount, it could be considered theft of services. She should agree to pay the remaining amount she has not paid (the other 30%) and again only if her contract does not indicate a time is of the essence clause or the resolution if the time is of the essence clause is breached.


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