Uniform Commercial Code pertaining to Dell Delays

As an attorney-at-law, I am not soliciting business from anyone and therefore I will stay anonymous, but I would like to let people know that there are remedies for the actions Dell has taken, and you might be able to collect damages.

If you attempt to collect, hire your attorney on a contingency basis. Keep in mind, if you don't have any real damages, you won't find an attorney to represent you.

If you want to do this on principal, you can hire any attorney on an hourly basis to draft the correct demand letter to compensate you for the difference in price you paid on your comparable notebook as opposed to what was promised by Dell. You will lose money in this case, but you can stick it to Dell.

The portions of law that are of interest:
Uniform Commercial Code
Article 2

[The buyer may]....
Section 2-711(1)(b) recover damages for non-delivery as provided in this Article (Section 2-713).

Section 2-713(1)...the measure of damages for non-delivery...by the seller is the difference between the market price at the time when the buyer learned of the breach and the contract price together with any incidental and consequential damages provided in this Article (Seciton 2-715), but less expenses saved in consequence of the seller's breach.


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The bottom line:
If Dell, by delaying a week at a time and trapping you into keeping your order with them has caused you financial damages. You have a case.

If you have purchased a similar product at a higher price, you MAY have a case.

If you can't show damage, and you have not cancelled and purchased a similar product at a higher price, then you are probably without a case.

Good luck,
JJS.
58 days and counting on my Ruby Red 1720 order

 

Typical lawyer...anonymous. NOT

No...I will change that....maybe not. If you have been waiting 58 days why havent you started legal action as a lawyer?

 

I don't do torts. In fact I had to dive into the UCC for this, and even this I'm not positive about (1hr of research, please).

Further, I don't have much of a case unless I would buy a similar notebook for a higher price. At which point I could try to collect for the difference.

The $50-$150 difference isn't really worth my time.

But if someone is seriously financially damaged by Dell stringing them along, that's potentially a real case.

 

Probably more importantly, I don't do contract law either. Although depending on the client........jk

 

Typical lawyer....3 answers for every 1 of my own (lol coming from a cop no less)

Kidding and have a good night kregel...its time for me.

 

Kregel

I am not an attorney (nor do I play one on TV). I do represent corporate customers with technology purchases including Dell.

The T&C's of the standard Dell sales agreement (can be found on the website) lists binding arbitration as the only method to address disputes.

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"Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.comExternal link, or via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF Code of Procedure and this Agreement, this Agreement shall control.
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Issuing a demand letter will trigger your request for arbitration and you will incur the costs associated with local (Austin TX) representation.

Would recommend working through a CSR or Dell Business Rep

 

I'm not an attorney but I am a law student and I know enough to know that any decent attorney would first know that the UCC is uniform or suggested law from the ALI. States don't have to follow the UCC so you would have to see what your state law provides. Second, Dell only give an estimated ship time, so I don't see how they are breaking any contract. Third, suits under the UCC are not tort suits. Fourth, no attorney would take these cases on a contingency, they want to actually get paid something. Fifth, even if the UCC would apply, you can contract out of the UCC and when you sign Dell's terms and conditions you agree to arbitrate. If you can show that the terms conditions and arbitration agreement are unconscionable you may be able to make a UCC argument if it applies, but you'd be spending way too much on the whole process. And last, if you want to hurt dell, just don't give them your business.