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Bought Defective CDROMs

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solsysadm

Junior Member
What is the name of your state? CA

I purchased 1000 duplicated audio CDs from a local company and I took them to small claims court this morning because the CDs were defective. The company replaced the defective CDs with corrected ones; however, not before I mailed them to 191 of my customers. I played a few sample CDs to make sure they were good before I mailed them to my customers and they played ok on my CD player, but not all of my customer's CD players would play them. The company I sued today told me the manufacturer did in fact screw the CDs up.

Here is my question: I sued the local company that I bought the CDs from and their defense (today) was that I should be sueing the manufacturer, which they outsourced the job to. I think I won the case, but I will not know until I am notifed by mail via the small claims court. The case was only for $805, which I will use to package and mail my customers the corrected CDs.

Do you think will win the case?

Thanks,

solsysadm
 


racer72

Senior Member
We're sorry, the FreeAdvice crystal ball is still out for repairs. I will get in touch with the repair shop and see when we will get it back.
 

solsysadm

Junior Member
Yes, duplicated audio cds are cds that are burned from an original. Duplication is the name of the process used to copy the data.
 

solsysadm

Junior Member
racer72 said:
We're sorry, the FreeAdvice crystal ball is still out for repairs. I will get in touch with the repair shop and see when we will get it back.
What kind of answer is that?
 

solsysadm

Junior Member
EvilWizard said:
Ok this may be a dumb question, but are you sure that these duplicated CDs you are buying are legal copies?
We are getting way off subject here. Yes, I wrote the content and hired a narrator for the audio.

Is my original question too difficult to answer for this venue?
 

dallas702

Senior Member
The answer is: no one knows how the court will rule on any case.

In your situation you should have sued both the manufacturer AND the company, then let the judge decide who was at fault. I'm betting the ruling will be that the facilitator could not possibly know whether or not there were defective CDs in the lot. Additionally, some CD players will not play certain types of copied CDs.

My crystal ball says you will probably lose and have to start over.
 

solsysadm

Junior Member
dallas702 said:
The answer is: no one knows how the court will rule on any case.

In your situation you should have sued both the manufacturer AND the company, then let the judge decide who was at fault. I'm betting the ruling will be that the facilitator could not possibly know whether or not there were defective CDs in the lot. Additionally, some CD players will not play certain types of copied CDs.

My crystal ball says you will probably lose and have to start over.

CD compatibility was not the issue. I am a software engineer. My audio program is 4 CDs long. CD 1, 2, and 3 played correctly and only CD 4 had trouble on some CD players.

A single small claims court judge could not have heard the case for both defendants as there is about 400 miles between the seller/agent and the manufacturer. I am sure you are familiar with how the jurisdictions are divided, so no need to elaborate on that point.

I'll keep you posted when the ruling is handed down, but I do think the case outcome could be reasonable predicted as it’s a very simple one. Is the agent or the manufacturer responsible for my business damages resulting from the defective merchandise?
 

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