Defective Dining Set

[blaizeinnyc]

What is the name of your state? NY
I purchased a dining set from Furniturefind.com located in Michigan. I received it in April of 02. I had problems with the set, sent them pictures and they replaced the table and buffet without contacting me. I only knew that they were replacing it because the delivering company contacted me. I reluctantly accepted it after I called them and complained.
I then started having problems with the chairs and asked that they replace them because I thought that the new table and buffet were better quality. They asked me to send pictures and I didn't do it in time and my warranty expired. They refered me to the company that handles my extended warranty and they declined my claim. I have since had the same problems with the new table and buffet and contacted the company again. They refuse to refund my money. They state that by my accepting the new table and buffet that the original warranty is now void and because I didn't send the pictures of the chairs on time they are not covered. I complained about the chairs when I complained about the rest of the set, within the time of the warranty.
My point is that even the new set is defective. The table, buffet and chairs' paint chips easily and the new table and buffet have splitting on the top. The chairs wobble and the wicker is starting to come unattached. This set is clearly defective and now a year and a half later no one wants to take responsibility for it.
I am thinking about taking them to small claims court to fight for my $2500 dollars back. This set is worthless.
Please tell me if I have the right to sue them for the defective set that they sold me. I am willing to hire an attorney to handle this for me.
Please let me know what you think.
T. Mallon

 

[JETX]

"Please let me know what you think."
*** The KEY to your entire post is in one sentence.....
"I didn't do it in time and my warranty expired. "
You have no further claim to them.... and they have no warranty obligation to you.
If you want to pursue this further AND if the time has not expired on your 'extended warranty' coverage, go after them.

 

[blaizeinnyc]

I understand that the original warranty expired but the set still is defective after being replaced and it was replaced 6 months ago.
So that is a total of 1 1/2 years that I have been complaining.
Regarding the chairs;
I found a NY law that states:
If you make a claim under your warranty while it is in force and that complaint is not satisfied by the time the warranty expires, your rights under the warranty in regard to the unsatisfied complaint remain in effect.

They acknowledge that I complained within the year, they are just standing their ground about the pictures. And I have no idea what laws apply in Michigan where I will have to file the lawsuit.

Pictures or no pictures this company knew that the items were defective and told me that there was a problem with production.
The manufacturer replaced 2 pieces and refuses to replace the rest because I didn't send pictures in time. What kind of excuse is that?

After researching their "extended warranty" I found out that it is a completely seperate company and the company is listed on complaint boards all over the web. When I tried to put in my claim they told me that the claim had to be reported within 5 days, well I was dealing with the original company and warranty during that time. Besides, there is new damage on this crappy set everyday.
How much are we supposed to take from these people?
I will ask for the help of an attorney to persue this further. I understand that I have 2 years from the time of purchase to do it.
Thanks for your advice.
Tania Mallon