What is the name of your state (only U.S. law)? CA
A technical repair shop offering mail-in service received a 5 year old media player and despite many months of effort and cost to find and replace parts (for which the customer was never charged), it was eventually deemed non-repairable and shipped back to the customer, who had been calling and harassing for an extended length of time. The nail in the coffin was the device's battery which had exploded while in the company's possession (normal for an aged device such as this).
The customer moved to a different address and claimed the company "lost" his property because he moved. He also claimed the company damaged his device which was originally working but only needed the cracked screen replaced. Now he has sent a demand letter for $900 (the cost of replacing the unit on eBay) with a threat to sue in small claims court. He lives in a completely different state.
When the customer submitted the on-line mail in repair form, he agreed to the terms and conditions as stated on the website, which include the fact that the company is only responsible for negligence and not any damage that it did not cause. Other than that, evidence from the repairing technician could be provided, but not much else.
Should the company take any action at this time? What case does the customer have, if any? What evidence would the repair shop need to provide to have the case dismissed?
A technical repair shop offering mail-in service received a 5 year old media player and despite many months of effort and cost to find and replace parts (for which the customer was never charged), it was eventually deemed non-repairable and shipped back to the customer, who had been calling and harassing for an extended length of time. The nail in the coffin was the device's battery which had exploded while in the company's possession (normal for an aged device such as this).
The customer moved to a different address and claimed the company "lost" his property because he moved. He also claimed the company damaged his device which was originally working but only needed the cracked screen replaced. Now he has sent a demand letter for $900 (the cost of replacing the unit on eBay) with a threat to sue in small claims court. He lives in a completely different state.
When the customer submitted the on-line mail in repair form, he agreed to the terms and conditions as stated on the website, which include the fact that the company is only responsible for negligence and not any damage that it did not cause. Other than that, evidence from the repairing technician could be provided, but not much else.
Should the company take any action at this time? What case does the customer have, if any? What evidence would the repair shop need to provide to have the case dismissed?
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