1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

New wood splitter, D.O.A.: Typical reseller/manufacture response? Consumer Law, Warranties

Discussion in 'Consumer Law, Contracts, Warranties' started by TheLawUser, Nov 20, 2018.

  1. TheLawUser

    TheLawUser Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    North Carolina
    Recently purchased new wood splitter from online store. Splitter was crated, shipped promptly, and required assembly.

    I decided to purchase from online retailer - located in another state. It arrived by freight, crated and undamaged. Assembly was easy enough, filled fluids, and began splitting wood. Then I noticed a fine mist in the air... turns out it's a pinhole leak in a weld on hydraulic cylinder. It rendered the product unusable until repair made. I called retailer, and they offered a few options:
    1. Send replacement hydraulic cylinder to me for installation; or
    2. Take to welding ship to repair cylinder and they would reimburse; or
    3. Take to authorized repair shop to replace cylinder.
    My thought is this shouldn't be a warranty issue, it's a new product. It's D.O.A. If I wanted to purchase a project, or had time to be replacing cylinders, or taking it somewhere for warranty service, I would have purchased something used.

    Asking retailer if they could just take back, they mentioned typically 'gassed' equipment cannot be shipped, but would 'get back to me'. The did get back to me, after nearly a week, and indicated sorry - they could not accept it back. The above were my options.

    They shipped a replacement cylinder, and also refunded $75 - to cover some costs of having someone install it. The replacement cylinder arrived, but it was severely beat up, appeared to be a used or rebuilt part.

    I've contacted both retailer and manufacturer about used part, however, they have not yet replied. I believe they expect me to install the used part. My feeling is why should I accept something less than new, working, non-DOA, from any equipment purchased? Further, its now been demonstrated these are inferior products, and I wouldn't have bought it to begin with if they represented it properly. After more careful review of retailer website, they do, in fact, say once equipment is gassed it cannot be taken back. However, I would think that it's assumed a new, working piece of equipment is expected to be received. They never fulfilled their obligation in delivering a new, working piece of equipment.

    The total value of this equipment is about $1400. What I'd like to do is return everything to manufacturer - I'd even pay half the return freight (cost of maybe $300 total, or half being $150).

    To receive an entire refund, would a small claims court be likely to help in this matter? If not, what would best course of action be?

    Thank you!
     
  2. Disabled Vet

    Disabled Vet Active Member

    Messages:
    704
    Likes Received:
    167
    Trophy Points:
    43
    You would have to file small claims court in their town. Best thing to do is simply take it to a warranty repair center. If there isn't one near you then find a repair center close to you that you trust. Ask them what the charge would be to replace the damaged item. Ask for a printed out est of the repair. Contact the seller with this information and ask them to pay this shop for the repair. Make a honest effort to fix the issue.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    6,861
    Likes Received:
    1,559
    Trophy Points:
    113

    It's a warranty issue. You want to go down the rabbit hole of litigation, be my guest. You'd lose because the written warranty is your only recourse.

    Pick one of the options, get it fixed, get over it.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    10,556
    Likes Received:
    1,617
    Trophy Points:
    113

    Agree. It is a warranty issue. At this point you should be communicating with the manufacturer, not the retailer.
    The manufacturer may supply you with refurbished parts that come with their own warranty.
    I also agree you are best off going to an authorized repair shop. This will prevent the manufacturer from faulting you for improper service.
     
    hrforme likes this.
  5. TheLawUser

    TheLawUser Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for all your kind replies!
     

Share This Page