Consumer Law, Warranties Lemon law for electronics

chmchen

New Member
Jurisdiction
California
Hello,

I'm trying to figure out at what point can I apply the lemon law and get my money back or ask for a brand new replacement of an electronic equipment that I purchased.

In June of 2015 I purchased an Exacqvision NVR (computer/recording device for security cameras) from a distributor for $4,162.50. From the beginning it was making loud noises from time to time. Then around March 2016 the machine stopped working with an error message "unable to locate the boot drive". I was told by Exacqvision that I cannot send the device in directly to get it fixed and that I have to get an integrator to send in the device. I paid for an integrator to help me return this product to Exacqvision (in Indiana) costing me $400 for the integrator and shipping. Within 2 months, the device stopped working with the same error message "unable to locate the boot drive". I complained to technical support that they never fixed the problem and the response was that they did because it worked for almost two months. Because the error message is the same, Exacqvision technical support allowed me to mail the device in directly to them bypassing the integrator (just this one time). I mailed this device in a second time costing me around $150 in shipping. Within 1 week, the device stopped working with the same error message. I emailed exacqvision sales asking for my money back or a replacement but am not getting any response. I am also still trying to get a hold of technical support.

I can't keep wasting my time and money sending this NVR in and not getting it fixed each time. What are my options?

Mary
 
I can't keep wasting my time and money sending this NVR in and not getting it fixed each time. What are my options?


File a lawsuit, prove up your damages, argue your case, pray you receive a judgment, endeavor to collect on your judgment.

Good luck.
 
If this item was purchased for "consumer" use you have recourse under CA Civil Code Sections 1790-1795.8:

Song Beverly - Dept of Consumer Affairs - Arbitration Certification Program (Lemon Law)

If this was purchase for a business, then all the recourse you have is written in your warranty or in common law implied warranties of fitness and merchantability, maybe federal warranty laws and maybe the Uniform Commercial Code.

At any rate you'll need to consult an attorney and consider filing a lawsuit for your losses.
 
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