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publicenemy#1

Junior Member
What is the name of your state (only U.S. law)?
Arizona. This is my first time posting at this forum. Basically, I purchased a playstation 3 at best buy 2 years ago. The sales rep told me that there is an optional 2 year extended warranty plan. In the event that the ps3 was to stop working, I would be able to take it back to best buy to swap it out for a new ps3 off the store shelve if they could confirm it was not working. If they no longer carry that model of the ps3, they would give me store credit equivalent to the amount I paid.

A month afterward, they changed the policy without letting me know. My ps3 has recently stopped working. I brought it into the store and they said they will be able to send it in to be fixed or I will receive a used, refurbished ps3. I told him that was not the agreement at the time of purchase. I only purchased the service because of the benefits it promises. However, they have changed the service and took away all of the benefits. The manager refused to give me what I originally purchased saying in the agreement there was the phrase "subject to change".

I would be okay with the refurbished ps3 if i would get the 1 year warranty from the manufacturer. However, i would only get the amount of time left on the original warranty I purchased with best buy. whereas if i did get the new ps3 like i was originally promised I would get the full 1 year warranty from sony themselves.

So my question is this. Can a company change their policy on you, taking away what they promised you were getting, if there is the phrase "subject to change"?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
Arizona. This is my first time posting at this forum. Basically, I purchased a playstation 3 at best buy 2 years ago. The sales rep told me that there is an optional 2 year extended warranty plan. In the event that the ps3 was to stop working, I would be able to take it back to best buy to swap it out for a new ps3 off the store shelve if they could confirm it was not working. If they no longer carry that model of the ps3, they would give me store credit equivalent to the amount I paid.

A month afterward, they changed the policy without letting me know. My ps3 has recently stopped working. I brought it into the store and they said they will be able to send it in to be fixed or I will receive a used, refurbished ps3. I told him that was not the agreement at the time of purchase. I only purchased the service because of the benefits it promises. However, they have changed the service and took away all of the benefits. The manager refused to give me what I originally purchased saying in the agreement there was the phrase "subject to change".

I would be okay with the refurbished ps3 if i would get the 1 year warranty from the manufacturer. However, i would only get the amount of time left on the original warranty I purchased with best buy. whereas if i did get the new ps3 like i was originally promised I would get the full 1 year warranty from sony themselves.

So my question is this. Can a company change their policy on you, taking away what they promised you were getting, if there is the phrase "subject to change"?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
It would depend on the terms of the agreement.
 

publicenemy#1

Junior Member
how so? it does say on the agreement that it is subject to change, i have always thought of that phrase as a safety measure so they can make minor changes to adapt to new circumstances, not something that completely alters what was promised.
 

Mass_Shyster

Senior Member
The agreement says "Subject to change". If they are standing firm, your only option is to sue for breach of contract and hope the judge agrees with you.
 

BL

Senior Member
Essentially when you sign the extended warranty agreement with " Subject to change " you agreed to it .

It was used for two years. If you hadn't purchased the extended warranty ,you would not even have the benefit of repair or refurbished .

I once had a PC that I argued was a lemon because of all the service repairs under outside extended warranty .

I ended up with a better refurbished PC .

Often refurbished goes through more extended QC testing .

Look up Sony refurbished and see .
 

publicenemy#1

Junior Member
I guess i understand that they have the right to change it on me. However, promising a service to get a consumer to buy and than change it later feels like fraud or false advertising. I bought the plan specifically because of those promises. I would be happy with a refurbished ps3 if they gave me some kind of warranty. A refurbished ps3 could be 2 years old like mine was. when it broke down, they replaced the malfunction part of the ps3 but everything else is 2 years old.

Does "subject to change" allows them to do anything? It seems fruitless to even tell people what the plan offers because it could all change later on. and most people like myself use the plan later on.
 

Zigner

Senior Member, Non-Attorney
I guess i understand that they have the right to change it on me. However, promising a service to get a consumer to buy and than change it later feels like fraud or false advertising. I bought the plan specifically because of those promises. I would be happy with a refurbished ps3 if they gave me some kind of warranty. A refurbished ps3 could be 2 years old like mine was. when it broke down, they replaced the malfunction part of the ps3 but everything else is 2 years old.

Does "subject to change" allows them to do anything? It seems fruitless to even tell people what the plan offers because it could all change later on. and most people like myself use the plan later on.
You. Agreed. To. The. Terms. Of. The. Warranty.

If you didn't agree to allowing them to change it on a whim, then you shouldn't have purchased it.
 

TheGeekess

Keeper of the Kraken
Those replacement plans are to make money for the retailer, not protect the consumer. :cool:

By purchasing one, you agreed to the fact that they could change the terms at any time, whether it was to your benefit or not.
 

publicenemy#1

Junior Member
so according to that logic, when i agree to that terms of agreement. they can say, "we have changed the policy to consumer getting 1 dollar for their broken ps3" and it will be completely legal. I know i agree to it but if it is not reasonable then i might beable to win in court. having the terms of agreement to say something does not make it LEGAL.
 

Zigner

Senior Member, Non-Attorney
so according to that logic, when i agree to that terms of agreement. they can say, "we have changed the policy to consumer getting 1 dollar for their broken ps3" and it will be completely legal. I know i agree to it but if it is not reasonable then i might beable to win in court. having the terms of agreement to say something does not make it LEGAL.
Hell, make it so that YOU have to pay THEM $1,000 if your break your PS3 :rolleyes:

Really, don't be absurd.

I also have another question for you - what does the written copy of your warranty have to say about this?
 

BL

Senior Member
so according to that logic, when i agree to that terms of agreement. they can say, "we have changed the policy to consumer getting 1 dollar for their broken ps3" and it will be completely legal. I know i agree to it but if it is not reasonable then i might beable to win in court. having the terms of agreement to say something does not make it LEGAL.
Yes it does . But your theory of getting $1 is off base .

Obviously any changes can not be outragious .

As was stated these extended warranties are for the retailer to make money .

If an electronic is going to fail , most times it's within the manufactures warranty time .

Exactly how much did the extended warranty cost -V- repair or replacement ?

Is it worth it ?

Without it at all , any repair/ replacement would be on you .

Further if the manufacture/retailer can not repair it or replace with refurbished ,your argument would be to have them replace it with equal or better quality item , even if refurbished .

You have an issue with it all ,file a complaint with your local Office of Attorney General's consumer affairs .Expect to wait up to 30 days for a reply.
 
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Zigner

Senior Member, Non-Attorney
Further if the manufacture/retailer can not repair it or replace with refurbished ,your argument would be to have them replace it with equal or better quality item , even if refurbished .
Negative - the protection plan from Best Buy addresses this eventuality:

C. Geek Squad Black Tie Protection Replacement
Plan (GSBTP-RP).
• This Plan provides for the replacement of your covered
product found to be defective by us. If we determine,
in our sole discretion that your product needs
replacement, we will replace your product with a
new or refurbished product of like kind and quality
that is of comparable performance or reimburse you
for replacement of the product with a voucher or gift
card, at our discretion, equal to the current market
value of the product, as determined by us,
not to
exceed the original purchase price including all applicable
taxes.


ETA: This plan applies to items purchased after September of 2008.
 

BL

Senior Member
Negative - the protection plan from Best Buy addresses this eventuality:

C. Geek Squad Black Tie Protection Replacement
Plan (GSBTP-RP).
• This Plan provides for the replacement of your covered
product found to be defective by us.( If we determine,
in our sole discretion that your product needs
replacement, we will replace your product with a
new or refurbished product of like kind and quality
that is of comparable performance
)or reimburse you
for replacement of the product with a voucher or gift
card, at our discretion, equal to the current market
value of the product, as determined by us,
not to
exceed the original purchase price including all applicable
taxes.


ETA: This plan applies to items purchased after September of 2008.
The wording I used is basically the same as I emphasized in their plan.
 

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