A question regarding a purchase (home, transfer, buyer)

[.highnlite]

If one buys an item at a distant store, returns home to discover the store did not include all the components of an item, call it a gas barbecue.

Whose responsibility is it to resolve that issue.

Should the customer be required to make another 100 mile round trip to get the missing parts,

Or should the store UPS or Fedex the missing parts?


Ideas, opinions?
Thanks.

[Charles]

Originally Posted by .highnlite

If one buys an item at a distant store, returns home to discover the store did not include all the components of an item, call it a gas barbecue.

Whose responsibility is it to resolve that issue.

Should the customer be required to make another 100 mile round trip to get the missing parts,

Or should the store UPS or Fedex the missing parts?


Ideas, opinions?
Thanks.

The store can say "You should have checked before you left" and it would be the customer's responsibility.

[esmith143]

California has some of the strongest consumer protection laws in the country.

What we have here is technically called "breach of implied warranty of merchantability". The store must send you the missing parts at no cost to you, or, alternatively, you can send the barbecue back to the store and they must refund you the purchase price and shipping costs. Refer to California Civil Code, sections 1791-1794, and California Commercial Code, sections 2711-2715.

[ferretkona]

Just seen this on Judge Judy. Person bought windshield in USA and transported to New Zealand to discover it was wrong windshield. Buyer thought store was responsible for shipping new windshield. The judge ruled the place of purchase was the place to make transfer.

Back to the OP. In the instructions to the bbq it likely tells you to contact them for any missing parts.

[esmith143]

Originally Posted by ferretkona

Just seen this on Judge Judy. Person bought windshield in USA and transported to New Zealand to discover it was wrong windshield. Buyer thought store was responsible for shipping new windshield. The judge ruled the place of purchase was the place to make transfer.

That's slightly different - there's no breach on the part of the store - it sounds like they sold a perfectly good windshield, it's not their fault that it was not the right kind for the customer.

[gone down south]

If the store is smart, they'll go out of their way to make it right for you.

[.highnlite]

Essmith I owe you a beer. Your information was spot on, I read the pertinent sections of the code. I have bookmarked the page with the codes.

I called their customer service, a call center in India, the problem with that is that they are not trained to look at the legal side. She just read passages from her book..

She did talk to the store manager of the large national chain store, who basically said, drive down and pick up the missing pieces or sue us.

From a customer service angle the manager really sucked. My guess is that she just did not want to be bothered.

I usually buy from locally owned stores and seldom from national chains, and this is one reason why. The locally owned chain stores, Farm Supply or Miners Hardware for instance are happy to transfer product to a store closer to the buyer, these guys could have easily done so..

It wasn't a gas barby, but rather a lawn tractor accessory, I need it, since I would be unable to walk in with equanimity, god works in mysterious ways, my brother has to go to that town tomorrow and get some car work done, so he is willing to pick up the parts.

Notice I did a great job of not naming the store or town or manager.. not proper, but certainly a temptation.

I will write a letter to the company... annoying, I have spent a bundle at this company this year.

Thanks for your alls interest and information.

[DMenscha]

Quite frankly, I wish you HAD named the store.

[.highnlite]

Originally Posted by DMenscha

Quite frankly, I wish you HAD named the store.

I figured it might cross some city-data line....

[ferretkona]

Originally Posted by .highnlite

I figured it might cross some city-data line....

Nope, everyone gets bashed here.