Recovering a restocking fee

[WesBlues]

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

I sent in my defective laptop to have it repaired. In the meantime, I was given a loaner laptop from the electronics store. They never told me to keep the packaging it came in. When I went to get my laptop back and return the loaner, they were going to charge me $70 as a restocking fee for the cardboard box I threw out. Can I get out of paying this? Can I pay it and recover it in a small claims court? It seems to me pretty ridiculous that they would charge me $70 for a box I was never told to keep.

[JETX]

Originally Posted by WesBlues

Can I get out of paying this?

Yes. All you have to do is to get their WRITTEN waiver of the charge.

Can I pay it and recover it in a small claims court?

You can pay it and certainly TRY to recover in filing a small claim action. Whether you will win depends on what proof you have that they didn't advise you (read the paperwork) of the requirement... and their ability to show that you were.

[TheGeekess]

They loaned you a laptop while yours was inoperable.... and you threw away the box the laptop came in. Now, the store will have to take a hit on the laptop they loaned you because they cannot sell it even as an open-box unit, because you threw away the box.

[WesBlues]

But the alternative is that I will take the hit for doing what I think a reasonable person would have done under the circumstances. I had the loaner for a number of weeks, I live in a small studio with limited space, I think most people would reasonably assume that the packaging material is expendable. I feel like it is their job to make clear to me that I should hold on to the box. Granted, it did say that somewhere in the documents I had to sign [they only told me this afterwords] but I doubt most people read through what they sign line by line. For example, do you read every line of a contract for an iPhone app you download? Probably not. Thanks for the input, keep it coming. $70 is a lot for a poor penniless student.

[JETX]

Originally Posted by WesBlues

But the alternative is that I will take the hit for doing what I think a reasonable person would have done under the circumstances. I had the loaner for a number of weeks, I live in a small studio with limited space, I think most people would reasonably assume that the packaging material is expendable. I feel like it is their job to make clear to me that I should hold on to the box. Granted, it did say that somewhere in the documents I had to sign [they only told me this afterwords] but I doubt most people read through what they sign line by line. For example, do you read every line of a contract for an iPhone app you download? Probably not. Thanks for the input, keep it coming. $70 is a lot for a poor penniless student.

Okay... clearly you are not interested in the LEGAL issues (as they have already been explained to you). So, you win!!!
You can throw away the packaging and are not liable for anything. A 'poor student' excuse is sufficient.
So, now what are you going to do with that 'knowledge'??

[Zigner]

Originally Posted by WesBlues

But the alternative is that I will take the hit for doing what I think a reasonable person would have done under the circumstances. I had the loaner for a number of weeks, I live in a small studio with limited space, I think most people would reasonably assume that the packaging material is expendable. I feel like it is their job to make clear to me that I should hold on to the box. Granted, it did say that somewhere in the documents I had to sign [they only told me this afterwords] but I doubt most people read through what they sign line by line. For example, do you read every line of a contract for an iPhone app you download? Probably not. Thanks for the input, keep it coming. $70 is a lot for a poor penniless student.

I disagree - you KNEW the computer wasn't yours. You have no right to dispose of any components of the items that were LOANED to you.

[WesBlues]

Originally Posted by JETX

Okay... clearly you are not interested in the LEGAL issues (as they have already been explained to you). So, you win!!!
You can throw away the packaging and are not liable for anything. A 'poor student' excuse is sufficient.
So, now what are you going to do with that 'knowledge'??

I'm only looking for helpful responses here. I never claimed using a 'poor student' excuse would help me get out of anything, and my last post was only to provide more information, I'm not claiming to know anything, in fact I'll admit I don't know anything about this, just looking for help here. If being an anonymous online a-hole helps you get through the day...then fine. Although I do appreciate the advice you initially gave me, thanks.