July 27, 2014 /in Drescher Elson Sperber /by Drescher Elson Sperber, P.C.
We finally received a check from your insurance company for the damage to my car. The cats and I decide not to repair the car and instead to use the money to buy something that we want. I want a new pair of back country skis, and the cats want a play structure. I go online and order the structure that the cats have selected. We decide to pay extra for delivery and assembly of the play structure. Two weeks later, you arrive in a delivery van and realize that you have been sent by your employer to make a delivery to my house. You go home and then return wearing a face shield, welder’s gloves and full length coveralls.
Over the next four hours the cats and I watch from our living room window as you unpack and assemble a 12-foot tall play structure in our back yard. Just as you finish and are about to leave, I let the cats out. They race over to the play structure and then stop and stare at it. This is not what they ordered. There is no slide, and there is only one swing.
I ask you to disassemble the structure and to take it back.
“This seems unfair to me,” you say.
“It’s in the Uniform Commercial Code,” I say, as the cats scowl at you and walk away from the newly assembled structure, with their tails held high in the air.