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Packaging and Labeling

Discussion in 'Consumer Law, Contracts, Warranties' started by borna, Nov 20, 2020 at 12:07 AM.

  1. borna

    borna Law Topic Starter New Member

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    Hello all,
    A few days ago I called a reputable business that sells automobile paints and primers to order some primers that I needed. They told me I have to call their local authorized distributor in my area for ordering the stuff I need. to make the story short, I called and ordered the primers I needed. after the package arrive, This is what I got (see the image). There was no labels and no warning sign, and no chemical ingredients on the cans.
    I called them and they told me that they ran out of quart primer and they opened a gallon container and made these quarts for me. I called the company and explained, and they told me it shouldn't be like this, but there is no problem with it, I should be good to go.
    Well I am very disappointed at both supplier and distributor. To me the paints should have labels and etc especially if it has dangerous chemical and health hazardous material in it, which in my case the primer I ordered have very dangerous and hazardous materials in them.
    It seems that they don't want to take their products back when I refused to accept it. Question I have is that can anybody legally sell you hazardous material like this with no label? what's my right in this case? This happened in Florida
    Thanks
     

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  2. Tax Counsel

    Tax Counsel Well-Known Member

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    In general your rights are to refuse the goods and return them (or make the goods available to the seller to get) if they are nonconforming (i.e. are are not what you ordered) and get a refund of whatever you paid. The issue will be whether in fact they are nonconforming, but without proper labels you can take the position that you cannot tell if they are what you wanted or not.
     
  3. mightymoose

    mightymoose Moderator

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    Photograph what you received and send it back if you don't want it
    It is likely unlawful for them to sell you unlabeled hazardous materials. If they don't honor
    your refund request then see what laws you can dig up to support your claim against them.
     
  4. Disabled Vet

    Disabled Vet Active Member

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    They should have included a printed out list.. Keep this in mind. They are trying to keep the customer happy. You got your paint correct? They wrote on the cans what it is. You could download off the internet a proper label. You can send them back and then you don't have paint.
     
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  5. welkin

    welkin Active Member

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    So you go to the manufacturer's website and download the SDS (safety data sheet) for the product and you will know what is in the product and what the safety precautions are. But it appears to me that anyone that is ordering a specific epoxy primer already knows that.

    The distributer did you a favor. You wanted pints and they didn't have them so they repackaged pints from gallons instead of telling you it was out of stock. And now you want to punish them. Nice.

    It's much to do about nothing. And I see you didn't even mention anything about mixing directions or pot life so you must already know that information.
     
    Last edited: Nov 20, 2020 at 9:59 AM
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  6. adjusterjack

    adjusterjack Super Moderator

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    Probably. I go to Home Depot with a sliver of paint from my wall. They match it in a machine that mixes the color into an unmarked can. They slap a little white label with the price. No big deal.

    If you don't get satisfaction from the store, write them a negative review on Yelp. I've had good results doing that.
     
  7. Zigner

    Zigner Well-Known Member

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    That works great for properly labeled items, however, the recipient really has no idea what the product is in each of the cans.

    Don't get me wrong - my opinion is that the OP is overreacting, but the point is a valid one.
     
  8. Zigner

    Zigner Well-Known Member

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    Really? They don't mix the color in to the can of base paint that's already labeled? Perhaps that's how they roll in the AZ, but in my state, that wouldn't fly.
     
  9. zddoodah

    zddoodah Well-Known Member

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    That's apparently what happened, so the answer is obviously yes. I have no idea if it's legal (you can google as well as I). If you really want to raise a stink, contact the USPS (if that's how the stuff was shipped to you) and/or the EPA.

    Not knowing EXACTLY what you ordered, there's no way for anyone here to know whether you received what you ordered. If you didn't, you're entitled to receive what you ordered or a refund of what I imagine is no more than $100. If you paid by credit card, you can dispute the charge with your credit card issuer.
     
  10. borna

    borna Law Topic Starter New Member

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    First of all manufacture said all their product should come with their label on it. Distributer should have told me that they are out and they are going to send me quart from a gallon. Then I would have decided if I want it or I'll wait. Without asking me they sent me a can of primer handwritten epoxy primer. questions
    1. How do I know if product was mixed correctly when gallon was opened?
    2. How do I know how long the gallon was sitting opened in their shop?. Maybe is their leftover paint?
    3. With no label on it, how do I even know if is really the same brand I ordered?
    4. The shop that is suppose to spray the paint for me said he will give me no warranty, because can't be sure what brand of paint I have here.
    5. where is the proof that is the same exact brand of paint I requested?

    Hope you are not a lawyer :)
     
    Last edited: Nov 20, 2020 at 11:21 AM
  11. Zigner

    Zigner Well-Known Member

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    1 & 2 in your list above are silly, with 1 being the silliest. The presence or absence of a label has no bearing on whether the product was mixed correctly. As to how long it was sitting in their shop, again, the label won't definitively tell you that. If the vendor is truly that shady, they'd just pour the product in to a newer container.
    I totally agree on #3, but my comment about #2 still applies.
    #4 is a valid concern.
     
  12. borna

    borna Law Topic Starter New Member

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    1 and 2 are not silly at all.
    1. When paint is sitting for x amount of time, the heavier materials settle down at the bottom. when you open it, you have to mix it very well before using it. if you don't you will not have a good adhesion . So I have no idea how well the gallon was mixed before poured into a quart container. It it wasn't mixed well before poured then I don't have a good paint.
    2. These paints have a very short life once opened and exposed to air. Is not like your avg wall paint that can be left for a few years and still be good. If this gallon was opened 2 months ago and a quart was sent to another customer and now another quart was sent to me, then I don't have a good paint. If this was a $6 paint from HD, no problem, I'll throw it out and buy another one, but not when you pay over $200.
     
  13. Zigner

    Zigner Well-Known Member

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    As I said, if the supplier is shady, then the presence or lack of a label won't matter with regard to these two things. I stand by what I said.
     
  14. borna

    borna Law Topic Starter New Member

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    Agree. my case should be strong enough to start a dispute and win if supplier is not going to take it back? That is what I want to know?
     
  15. Zigner

    Zigner Well-Known Member

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    Your case doesn't have to be "strong" to start a dispute (I'm assuming you mean a dispute with the credit card company).
    The question of whether or not your dispute will be successful (with the credit card company) is not something we can answer.
    I feel that you'd have better-than-even odds if this went to small claims.
     
  16. adjusterjack

    adjusterjack Super Moderator

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    I don't think anybody can predict the results of a dispute. Do you mean you paid with a credit card? Or?

    What discussions have you had at the store? With whom? You allude to having a delivery? Have you just been talking to some counter clerk on the phone? Or did you take the paint back and talk to the store owner about your concerns?
     
  17. welkin

    welkin Active Member

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    You don't know much about automotive paint. All color paints are mixed to the order. You supply the VIN and the color code (usually found in the glove box) to the vender and they mix the paint in the type and brand that you want (such as DuPont). Epoxy primers are white, gray, or any color you want. The base part does not degrade if the can was opened and then resealed. Otherwise automotive collision shops would be throwing out hundreds of dollars each time they opened a can.

    Why didn't the shop that is doing the spraying for you order the paint? Let me guess. You thought you would save a few bucks by supplying it yourself.
     

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