Off Topic - US Legal Advice Sought
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Grandstanding Collector
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Post Posted: Sat May 23, 2009 5:05 pm 
 

I have a small problem and am looking for some advice....

I bought an item from a US reseller, an established online store of good repute. The item was faulty upon delivery, and as per the store's policy on that particular item, the item was to be returned directly to the manufacturer who offers a lifetime warranty on their product. As the product costs some $200+, it was sent to me recorded by the reseller, and I returned it to the manufacturer under warranty insured and recorded delivery also.

The manufactuere claims to have returned the item but it has not appeared. Tracking number shows nothing.

My question is this....

Is the manufacturer liable under US law for the return of goods sent for repair under warranty? If they say they posted it and that's the end of the matter, is it the case that the buyer just loses out? And surely I have recourse against the reseller for shipping faulty goods in the first place, regardless of whether the item was returned to the manufacturer or the them?

I'm just trying to get my head around the problem and see what avenues are open to me, and any advice from anyone with knowledge or similar experiance would be most appreciated.

Thanks,
Ian


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Post Posted: Sat May 23, 2009 6:10 pm 
 

. wrote:I have a small problem and am looking for some advice....

I bought an item from a US reseller, an established online store of good repute. The item was faulty upon delivery, and as per the store's policy on that particular item, the item was to be returned directly to the manufacturer who offers a lifetime warranty on their product. As the product costs some $200+, it was sent to me recorded by the reseller, and I returned it to the manufacturer under warranty insured and recorded delivery also.

The manufactuere claims to have returned the item but it has not appeared. Tracking number shows nothing.

My question is this....

Is the manufacturer liable under US law for the return of goods sent for repair under warranty? If they say they posted it and that's the end of the matter, is it the case that the buyer just loses out? And surely I have recourse against the reseller for shipping faulty goods in the first place, regardless of whether the item was returned to the manufacturer or the them?

I'm just trying to get my head around the problem and see what avenues are open to me, and any advice from anyone with knowledge or similar experiance would be most appreciated.

Thanks,
Ian


Do a charge back if you paid by credit card and demand proof of delivery. If you paid by paypal go through their process. It is up to the seller to provide proof of delivery.

  


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Post Posted: Sat May 23, 2009 6:44 pm 
 

It really comes down to how much noise you want to make.  The more you make, the faster the problem gets solved.  

If the manufacturer says they shipped it and it doesn't show up in the proper amount of time, contact them and make them aware (daily) until they reship.  A lot of what you're going through will depend on the type of product and the policies of the company you're dealing with.  Most will reship if you pursue it long enough.  

The problem is that most people don't have the fortitude to keep hitting the wall until the wall breaks.

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Post Posted: Sat May 23, 2009 11:19 pm 
 

JasonZavoda wrote:
Do a charge back if you paid by credit card and demand proof of delivery. If you paid by paypal go through their process. It is up to the seller to provide proof of delivery.


What Jason said. They might be pulling a fast one because you are out of the US and they think they can get away with it....but everyone suddenly pays attention when the credit card company gets involved.

Mike B.


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Post Posted: Sun May 24, 2009 4:25 am 
 

Cheers guys.

The problem with the credit card company is that there are 3 parties involved. The seller shipped a product and can prove I received it. I received a product and can prove it was returned to the manufacturer (not the seller), the manufacturer has admitted receipt and claims it was returned, except no insurance and no tracking. My beef is with the manufacturer, but my only financial recourse seems to be with the seller, and my credit card company are not wanting to get involved as the seller fulfilled their part of the transacrion so to speek. I dispute this on account of receiving faulty goods.

I am making a lot of e-mail noise. But eventually people will ignore e-mails. Just wanted to find out the intricacies of the legal situation is all.

The product was a flashlight, BTW.


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Post Posted: Sun May 24, 2009 7:52 am 
 

If it's the type of flashlight that I'm thinking of, the company is usually pretty good about taking care of things like this.  A friend through work had one sent in and while it took a while, the got him sorted.  If nothing else, pass along their contact information and we will burn them up on this end of the pond.

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