Question about repair

What is the name of your state (only U.S. law)? California

Customer purchases a stereo receiver from a retailer along with a 3 year repair plan (extended warranty) outsourced from another company that the store is representing.

A year later, the customer's receiver needs service, is given an ok to have it repaired by the warranty company, but the repair shop loses it. They send back a refurbished one instead. The service agreement from the extended warranty company states that at their discretion they may subsitute a refurbished one.

Customer claims that since the receiver was lost and not repaired, he is entitled to a new one instead of a refurbished one.

1 - Does he have a case?
2 - If so, is the store responsible for replacing it?
3 - If so, can the store then get damages from the repair shop?

how do you figure you would be entitled to a new unit when that isn't what you gave to them?


You are only due what was lost.

I'm not the owner. The warranty agreement does state that it is at the discretion of the warranty company that a new OR refurbished one shall be given to the customer if the original one cannot be fixed. This is what they are doing, giving him a refurbished one. He is just saying that because HIS was lost they should do more. Frankly, I didn't think he had a case, but just thought I would ask to be sure.

Jay968 said:

I'm not the owner. The warranty agreement does state that it is at the discretion of the warranty company that a new OR refurbished one shall be given to the customer if the original one cannot be fixed. This is what they are doing, giving him a refurbished one. He is just saying that because HIS was lost they should do more. Frankly, I didn't think he had a case, but just thought I would ask to be sure.

Click to expand...

What on earth do you think a repaired item is ?

I know . Refurbished.

The unit needed repair ,even if it was lost.

The legal concept to grasp here is making the person whole again. By that, I mean that the customer cannot come out of this with more than what he went in with.

He brought in a used item for repair. Given the depreciated value of the item, it would be unreasonable to expect a BRAND NEW ITEM in return, even if the repair shop lost his item. The shop would only obligated to make him whole, as in returning to him an item comparable to the one that was lost. The refurbished (read as REPAIRED and in LIKE-NEW condition) item fits that requirement (assuming that his original repaired item would be like new as well).

The simple act of losing the item does not somehow entitle the customer to getting an inequitable settlement here as he may believe.

Jay968 said:

I'm not the owner. The warranty agreement does state that it is at the discretion of the warranty company that a new OR refurbished one shall be given to the customer if the original one cannot be fixed. This is what they are doing, giving him a refurbished one. He is just saying that because HIS was lost they should do more. Frankly, I didn't think he had a case, but just thought I would ask to be sure.

Click to expand...

The original one cannot be fixed, so the warranty company substituted a refurbished one according to the terms of the contract.