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False and misleading sales practices from Fry's Electronics

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ASHRESTHA

Junior Member
What is the name of your state (only U.S. law)? Texas
What is the name of your state (only U.S. law)? Texas

Here is the letter I sent to Fry's. I am considering to goto small claim court, cost $71.00. ( I found out only during this disputes, original warranty agreement does say spills voids warranty meaning the sales guy lied to us, besides the warranty agreement is a generalized document, "Spill resistance keyboard" feature comes with this particular product, I am thinking that warranty agreement should not be applicable for this product).

Any advice would be appreciated. Here is the letter:

(Customer names are hidden for public posing)
April 2, 2010

Mr. JM
Store Manager
Fry’s Electronics Store

I am writing this letter to formally file a complaint on the issues described below. This letter is also to inform you that if a satisfactory resolution is not reached within 30 days, all available legal actions will be taken against Fry’s electronics, Arlington, TX for all the retributions related to this issue.
For your information, this letter is being sent to the CEO of Fry’s Electronics
HISTORY
On December 8, 2007, I bought a Fujitsu laptop with the extended warranty to expire in December 2010. The sales person made me understand that Fujitsu is a great brand, and spill resistance comes with this brand. The laptop clearly states spill resistance right by the keyboard. At the time, I had no alternatives but to believe him; after all, sales people are the face to the customers for the company.
Just a few months after I purchased the laptop, some amount of juice was spilled over the keyboard. I cleaned it as much as I could, but the laptop continued working. Keeping in mind that the spill resistance was a part of the features of the laptop, I did not worry too much about it. About 2 years after the incident, I noticed occasional fan error coming out and the laptop would shut off. Since I still had the warranty, I decided to take the fan error screenshot and take the laptop to the Fry’s Electronics for possible repair. I had to take the screenshot since the problem was not occurring all the time.
Sometimes in March 2010, before I decided to bring the laptop at the store, I made a phone call and talked to an employee in your warranty group about the issues I was having. Based on the problem description I gave the employee about the fan error, the employee suggested cleaning up the fan on the bottom. On this model, I did not see the fan. He asked me to bring it in so he can show me.
I brought the laptop to the store, and an employee checked to see what was happening. He clearly saw the laptop was working, but concluded the fan area was heating up unusually, so decided to accept the laptop for warranty work. For your record, spill incident was mentioned to the employee, but the employee said the spill would have nothing to do with the fan error; after all, the laptop was working for two years. I was promised to have the laptop delivered to me within a week unless a part needed to be ordered and ordering parts takes more time.
Since I did not hear back from Fry’s Electronics, I made a phone call to inquire about the status on repair of my laptop. At the time, I was told that part was on order, and I will be contacted after the laptop is repaired upon the parts arrival.
Three weeks later, an employee from Fry’s notified me that the warranty was void since spill took place and I would have to pay for the diagnosis. I was not happy to hear that and tried to talk to the manager. My wife came to the store and talked to one of the managers, JM. JM told her that he would order the fan, and asked us to pay for the fan, but installation and diagnosis fee would be waived. My wife and I thought this was better than nothing, so we told them to go for it.
On April 1, 2010, Fry’s electronics notified my wife that the laptop cannot be fixed even with the new fan and laptop did not work at all. At this time, my wife tried to tell the employee that laptop was working, but the employee showed “distrust to customer” attitude. She asked him to talk to the employee who accepted the laptop for repair in the first place. She left a message for Jay Moore after this incident, but no call has been returned as of today.
We gave the laptop on a working condition, only with an occasional fan error, now the laptop is not in working condition at all. I cannot and will not accept the laptop from you on this condition.
FAULT AT YOUR PART
As far as I can tell there at least 3 problems from your side and they are related to your incompetent, uninformed and untrained employees.
1: Your incompetent, uninformed and untrained employee sold us something with the wrong information telling us spill resistance is covered under the extended warranty.
2. Your incompetent, uninformed and untrained employee accepted my laptop for warranty work despite the fact we told him there was a spill a couple of years before. I cannot blame him a whole lot, since he understood the same way that I did about the warranty; He clearly saw the laptop was working, but the fan was heating up.
3. Your incompetent, uninformed and untrained technician pretty much broke my laptop making it in “Not working” condition.
Due to several communications back and forth, it is taking our unnecessary time and efforts, and it is causing unnecessary stresses to our health. In fact, when the employee made a phone call on April 1, 2010 to notify us the laptop was not working at all, my wife’s blood pressure level went unusually high with headaches. My wife and I have called numerous times leaving messages to the managers to contact us to resolve this issue, we got no call returns from them as of yet. (After this original letter, manager left a voicemail saying he cannot do much and wants us to pick up the laptop)
DEMAND
At this moment, we demand that Fry’s electronics refund the full amount including taxes and extended warranty as shown below:
Laptop: $899.00
Extended Warranty: $112.49
Subtotal: $1012.49
Taxes: (8.00%): $81.00
Total: $1093.49

If this offer is not met within 30 days of this demand letter, I will take all available legal actions for further settlement. At that time, I will be demanding additional amounts for legal fees, my valuable time, and amount related to possible health and stress issues.
We expect a fair and prompt resolution for this matter. If you have any questions or concerns, please feel free to contact me at the phone number above.
Thank you very much.

Customer

CC: , CEO
Fry’s Electronics Incorporated Corporate Office
 
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JETX

Senior Member
Any advice would be appreciated.
First, your claim has NO chance.
Second, you are looking for legal SERVICES and OPINIONS.... which is beyond the scope of this forum.
Contact a local attorney.

Oh, and finally, if you had ANY claim at all, it would be against the manufacturer and or the 3rd party warranty company.
 
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