Ok, so this is definitely not your normal I ordered one thing and got another.
If anyone knows what the law would be in my specific case, please advise, as my google-fu hasn't turned up anything I think is relevant.
The Situation:
I called and ordered a shipping container to be delivered to my building site. I need it to store fencing materials, tools, blah blah blah.
I agreed on a delivery date with the guy on the phone (Ordered Thursday, to be delivered Monday)
Monday comes around, and it's poured with rain over the weekend, and my building site is mostly clay. I talk with the logistics people and agree to delay delivery till Wednesday.
Tuesday I agree on delivery between 10am and 12pm.
Wednesday, 1pm rolls around, still no container. I ask the logistics folks what is happening, suddenly my container is on it's way.
I go to site, the delivery guy arrives, he unloads the container where I want it (fairly easy access, but up a slope, so impossible in the wet)
Today (Thursday) at about 2pm, I get a phone call from some random from the company I ordered the container from. Says that I was delivered the wrong container, and that a truck is on the way to pick up the container from my place. I politely refuse, as I have already put stuff in the container, have locked it up etc. and I'm on my way to go get my Son from school. He gets antsy, but agrees to delay the driver till a time that suits me. He informs me that I recieved a brand new container, instead of a used one that I ordered.
I call my wife, make alternate arrangements to pickup my son, then drive up to my building site to remove my stuff and locks.
I call the guy back, and tell him he can come get the container, as long as my container is on a truck right behind. He says no, one truck only. There is nowhere for them to unload this extra container, shuffle them all about etc. as access to the site right now is a bit hampered. I ask him - what is the cost difference between the two. Save the hassle of swapping them, give me a good price to keep the better item, if I can afford etc. I'll pay, everyone's happy. He laughs me off, "It's like three times the price"
I tell him, the container is ready, come get it and deliver mine. I tell him, it has to be tonight, as I will have guys working onsite for the next 9 days straight, and access will be impossible. And, I need the bloody thing. I need to move all the stuff in there that is needed over the next week and beyond. He tells me he will sort it, two trucks will come, and it will be done tonight.
It starts to rain.
Truck driver (1 of) calls me to ask where the site is. He is lost. he DOES NOT have my container, just orders to remove the container that was sent to me. I work out how he is lost, give instructions to get to the right place, confirm he has arrived. I assume that he is collecting the container, and the new one will be coming shortly. (4:30pm ish)
5:15. I get a phone call from yet another person at the container supplier. The driver has decided that the access is too hard, it's wet now, and he might get bogged… and so it's not happening now. He then tells me I have to advise them by 8am if they can deliver in the morning. I again explain that I will have people on site tomorrow. There will be no access to the container (tomorrow they are installing 2x 44500l water tanks - they are large) After some back and forth I agree that I will call them by 9am to advise if I can clear the vehicles out of the way.
(remember I said earlier, it's raining - it's still raining)
He then says "Well we might have to wait a week to come get it then"
I politely suggest that this will not work. I need this container, to store everything in, for the workers to use over the coming week. He says "That's fine, use that container, you can remove everything in a week."
At this point, I'm starting to get angry. The fencing materials alone is nearly 3t of stuff. This is a decent acreage block. I can't load that container for just 7 days, then have to unload it all again, then load the next one. Not to mention that I need to bolt all the racks that stuff is going onto down for OHS reasons.
So. What are my rights. Can I tell them, too bad, so sad, I tried to help, but you screwed up, so I'm keeping what I got?
(Thanks if you read this far btw)
—edit—
I should point out - at no stage have they appologised for the mistake, appologised for the inconveinience to me, or offered me any sort of compensation for the hassle
You: Ill buy one please
Them: Here you go sir
money exchanges
Wha happened?