Originally Posted by marker:
I asked this on another thread but couldn't get an answer. I'm wondering if Lionel will post what BTO engines they will be doing when they know.
In other words, if Lionel doesn't build an engine for lack of orders, will there be a way to tell? I don't like waiting 6 months to find out that what I ordered isn't being made. We all make choices and committing money to a product that is not being built, means that other wants that are available will suffer.
If you order a built to order product, put down a deposit, have a confirmation of that order, unless there are conditions under which the order is accepted, such as force major, they need to produce the product. Once you place the order and pay a deposit that was required you have in facto a bi-lateral contract.
The party accepting the order, in this case the Lionel dealer, is acting as Lionel's agent. They should forward the order to Lionel and receive a confirmation of the order. If Lionel fails to produce the engine you ordered you may have several options.
Sue Lionel and the dealer and have the engine produced by a third party and Lionel pays any additional charges.
Seek monetary damages for breach of contract.
Or perhaps other remedies under the law.
Since Lionel conducts business across state lines these transactions may be subject to the rules governing interstate commerce. Otherwise known as ICC Rules.