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Re: Architects, Contractors,Engineers Guide to Construction Costs -- 2003 -- Adam R. Wilder Stephen Clark 11 Feb 2003 20:49 UTC

Date: Tue, 11 Feb 2003 15:46:34 -0500
From: "Adam R. Wilder" <>
Subject: Re: Architects, Contractors,Engineers Guide to Construction
   Costs -- 2003 -- Jewel Rucker

Title 9 Section 3009 of the United States Code states that the mailing
of unordered merchandise constitutes an unfair trade practice and that
the recipient may treat such merchandise as a gift.  We treat unordered
merchandise as such and send a copy of Title 39 and the following letter
to the sender:

Dear Sir/Madam,

We have received from you a book which we did not order, along with an
invoice; please find a copy enclosed.  As far as we can tell, it was
sent to us in hopes that we would wish to purchase.

This marketing approach is illegal.  In accordance with Title 39 of the
U.S. Code, Section 3009, we will consider this book to be a gift, and we
will either keep or  dispose of it as we see fit.  We will do the same
with any unsolicited materials you send us in the future; this includes
unsolicited updates of books we have purchased in earlier editions.

You may feel free to continue sending us free books if you wish.  Be
advised, however, that we will not pay for books we have not ordered,
nor will we invest the staff time necessary to return them to you, even
if you provide postpaid shipping labels.  We would request that in
future, you would not send us additional titles without receiving a
purchase order from our ordering department.

   Adam R. Wilder
Serials Acquisitions Supervisor
Temple University 017-00
Paley Library Serials Unit
1210 W. Berks Street
Philadelphia, PA 19122-6022
tel: 215-204-4572
fax: 215-204-5201

At 03:15 PM 02/11/2003 -0500, you wrote:
 >Date: Tue, 11 Feb 2003 15:02:27 -0500
 >From: "Jewel Rucker" <>
 >Subject: Re: Architects, Contractors,Engineers Guide to Construction
 >         Costs--2003
 >We received the same. I don't think we should be expected to return this
 >book unless they send return postage.
 >I'm wondering what you will do with the book? Recycle or catalog?
 >A. Jewel Rucker
 >Library Associate /Periodicals Dept.
 >Vining Library
 >WVU Institute of Technology
 >405 Fayette Pike
 >Montgomery WV 25136
 >  >>> Marino.32@OSU.EDU 02/07/03 12:01PM >>>
 >A word of warning about the above title.
 >Our library was sent in mid-January a copy of the 2003 edition of this
 >title from Design & Construction Resources / PO Box 52470 / Irvine, CA
 >92619-2470.  We had not ordered it.
 >Yesterday I received a letter and a pro-forma invoice from them.  There is
 >no phone number on either and you'll notice that it's a PO Box only
and has
 >no street address.  The letter asked us to either pay for it or to write
 >"cancel" on the notice and fax it back to them.
 >They supply 2 fax numbers.  I tried faxing our cancel notice to both
 >numbers yesterday and today, and I kept getting busy signals on both
 >numbers both days.
 >I am now sending them the cancel notice by letter.  I have indicated to
 >them that I have kept the fax reports showing the busy signals as well as
 >copies of the cancel notice and the letter sent to them.
 >Joseph Marino
 >Serials and Electronic Resources Department
 >The Ohio State University Libraries
 >1858 Neil. Ave. Mall
 >Columbus, OH 43210
 >Tel. (614) 292-6314
 >Fax. (614) 292-2015