repairs on a purchase taking too long

[teennaa]

What is the name of your state? tx

i purchased a product, a soytoy (makes soymilk) back in nov 02. it has a one year warranty. the motor apparently went out. sent it in to be repaired on 8/16/03, was received by the warehouse on 8/18/03. i still have not received my fixed product back. i have sent 2 emails, one the beginning of sept, and one the end of sept. i was told that a part that was broken needed to be replaced and that it had to come from korea. i was told in the 2nd email that the part still had not arrived and that i would be contacted when it had.
my question is, how long am i suppose to wait? by the time i get my soytoy back, my warranty will be almost over. what if when i get it back, it still does not work, am i just out of luck?
i know it is not their fault that the part from korea has not arrived, but it is not my fault either. i feel i should be given a new soytoy or at the very least an extension on my warranty.
what are my legal rights in this matter?
thank you...

 

[JETX]

"how long am i suppose to wait?"
*** There is no statutory 'deadline' for them to repair or replace your item. Your best source for this answer is to ask them.

"by the time i get my soytoy back, my warranty will be almost over. what if when i get it back, it still does not work, am i just out of luck?"
*** Again, there is no law that specifies your recourse in that case. Ask them.

"i know it is not their fault that the part from korea has not arrived, but it is not my fault either. i feel i should be given a new soytoy or at the very least an extension on my warranty.
what are my legal rights in this matter?"
*** Contact them in WRITING (certified RRR) and ask them to either return your repaired item or a replacement within 15 days. If they don't, then your only recourse is to file a complaint with their local BBB and to consider a small claims action against them.


thank you...

 

[teennaa]

I did ask....

I did ask them, however, their answer is that the problem is out of their hands now because the part needed is in Korea and has yet to arrive.
My arguement is that it IS their problem...it should not be mine. They can't give me an answer so I just have to do without for over 2 months?? They should have to compensate me somehow. If their product had not malfunctioned, I would not have had to send it back. It is their fault I do not have my Soytoy, not mine, and not Korea's.
I feel they should give me a new one if there is no way to tell me just how long this repair is going to take.
Am I incorrect in my thinking??

 

[JETX]

Okay, lets try this again..... from a different angle.

There is a federal law, The Magnuson-Moss Warranty Act (15 U.S.C. 2301, et seq. would likely apply in this case.
Specifically §2304(a), which reads:
"Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement

In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty -
(1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;

(2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;

(3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and

(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.",
Source: http://www4.law.cornell.edu/uscode/15/ch50.html

I would suggest you send them another letter and provide a reference (and copy of) the above FEDERAL law. Then, instruct them to repair or replace your item as required or you would take appropriate legal action.
Send this letter by certified RRR. Keep all copies.

For more on this law:
http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm#Magnuson-Moss