LAW OFFICE OF PAUL DEPETRIS
paul@newjerseylemon.com
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Furniture Delivery Regulations

New Jersey has strict furniture delivery regulations that require New Jersey furniture stores to follow specific guidelines about New Jersey furniture delivery.  New Jersey furniture buyers often find that the furniture delivered to the New Jersey furniture purchaser’s home are not the same furniture as those which they saw in the furniture showroom and ordered from a New Jersey furniture store.  Did you buy a New Jersey furniture and it was delivered dented, scratched or otherwise broken or you didn’t get the furniture you ordered?   Don’t accept furniture from New Jersey furniture stores that are different from what you originally ordered at the store.  Under the New Jersey furniture delivery regulations, there are strict rules about New Jersey furniture delivery for furniture sold by New Jersey furniture stores and you do not have to always accept New Jersey furniture that are damaged or different from those that you ordered from the New Jersey furniture store.  Under the New Jersey furniture regulations, you do not always have to accept defective New Jersey furniture!  Under the New Jersey furniture delivery regulations, you may be entitled to a full refund for the furniture you bought from the New Jersey furniture store.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

New Jersey has strict furniture delivery regulations that require New Jersey furniture stores to follow specific guidelines about New Jersey furniture delivery.  New Jersey furniture buyers often find that the furniture delivered to the New Jersey furniture purchaser’s home are not the same furniture as those which they saw in the furniture showroom and ordered from a New Jersey furniture store.  Did you buy a New Jersey furniture and it was delivered dented, scratched or otherwise broken or you didn’t get the furniture you ordered?   Don’t accept furniture from New Jersey furniture stores that are different from what you originally ordered at the store.  There are strict rules about New Jersey furniture delivery for major electrical furniture sold by New Jersey furniture stores and you do not have to always accept New Jersey furniture that are damaged or different from those that you ordered from the New Jersey furniture store.  You do not always have to accept defective New Jersey furniture!  You may be entitled to a full refund for the furniture you bought from the New Jersey furniture store.

 

NEW JERSEY FURNITURE DELIVERY REGULATIONS

 

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1) Deliver all of the ordered merchandise by or on the promised delivery date; or

2) Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only a partial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the consumer the option of cancelling the order with a prompt, full refund of any payments already made or accepting delivery of the balance of the ordered merchandise at a specified later date.

c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.

d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances, and such items as carpets and draperies.

e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size, style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.

1) Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before (insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific month or as a length of time agreed upon by the buyer and seller (for example, “six weeks from date of order”). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type:

If the merchandise ordered by you is not delivered by the promised

delivery date, (insert name of seller) must offer you the choice of (1)

canceling your order with a prompt, full refund of any payments you have

made, or (2) accepting delivery at a specific later date.

b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of New Jersey or to any person located outside of the State of New Jersey who sells household furniture into this State.

c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all sales final,” “no cancellations” or “no refunds,” which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

13:45A-5.4 VIOLATIONS; SANCTIONS

Without limiting the prosecution of any other practices which may be unlawful under the

Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions of the New Jersey Consumer Fraud Act.

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