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Breach of Contract?

By Jerry

I ordered a Sprinter Van manufatured by Mercedes Bentz. I made this order over the internet and requested this van with certain dimensions. The van I ordered was a 170 inch wheelbase, extended van body with a high roof. When the van was delivered, it was not the ext van which elimnated over 1200 sq.feet of cargo space. The company ( Freightliner of Cinn,Ohio "FYDA") claimed I never ordered or requested the extended model. Every internet correspondence over a period of 5 months always contained in my E-Mails to FYDA Freighliner included the following heading RE: 2007 Freightliner Ext 170 inch WB High Roof Sprinter Van.... Now they claim that I cannot sue them for not providing the extended van, in the State of New Mexico. That the jurisdiction lies in the state of Ohio. There is a clear breach of our agreement, and all communications were perpetrated from New Mexico to FYDA in Cinn, Ohio. We paid for the van by Certified Check from our Bank here in NM. Their claims are they don't regularly do buisness in the sates of New Mexico, and thus cannot be held liable nor does jurisdiction apply from the state of New Mexico. Is this true ? Can I seek re-dress in State or Federal Ct ?
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First Name: Marshall
Last Name: Massengill
Phone:
Email: massengillalbq@aol.com
Phone: 505-328-2458
Address: 10327 Heron Rd, SW
City: Albuquerque,NM
Country: United States
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Full post as published by IBLS Internet Law Blog on October 26, 2009 (boomark / email).