Purchased Damaged Bed

[BedPurchaser]

I purchased a wooden bed frame from a local store in California. When I got home and assembled the frame I found that the headboard was not constructed plumb/level. I informed the employee who delivered the bed that I was not satisfied and that I needed ot talk to the owner. The owner ignored me. The next day he advized me that "All sales are final."

I requested a replacement or an adjustment to the original purchase price. And was told "All sales are fine."

Do I have any recorse? Is there a 72 hour legal right to refusal?

[keeshy2]

Just some suggestions as I've been in your position:

Did you sign for the bed when it was delivered? Usually you have to sign stating that you are satisfied with the merchandise and received it in good condition. If you realized it was not plumb then you shouldn't have signed for it. If you didn't sign for it tell them to come pick it up and demand your money back. Show up in person, don't use the phone.

Check your receipt. That should state their return policy. If it says all sales final, you're stuck, unless you go to the store (like I would!) and cause a big stink in front of other customers. Just talk a little louder about the crappy merchandise and lousy customer service... stores hate scenes. Another option is to call the store or have a friend call and anonymously ask about the return policy.

If you used a credit card to pay for the bed, dispute the charges. That way the CC company can deal with the store. They usually have a spot where you can check "unsatisfactory merchandise/damaged merchandise" on the dispute form. But if they do side with the store, you'll end up paying anyway.

Report them to the BBB or local department of consumer affairs. Usually the BBB has a complaint form where they will try to mediate the problem and come to a solution.

Also, don't recommend the store to people - a lot of businesses depend on word-of-mouth. Tell them your experience, but make sure to tell the truth! Embellishing your story can get you into trouble!

Next time, use a different store. A good store will admit shoddy merchandise, manufacturing defects, etc. and try in good faith to fix the problem. Good luck!

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BedPurchaser:
I purchased a wooden bed frame from a local store in California. When I got home and assembled the frame I found that the headboard was not constructed plumb/level. I informed the employee who delivered the bed that I was not satisfied and that I needed ot talk to the owner. The owner ignored me. The next day he advized me that "All sales are final."

I requested a replacement or an adjustment to the original purchase price. And was told "All sales are fine."

Do I have any recorse? Is there a 72 hour legal right to refusal? <HR></BLOCKQUOTE>


My response:

In most States, such as California, there are no laws that compel a merchant to give a refund, in whole or in part. Refunds are given to customers by reason of "goodwill." Therefore, and despite the fact that all sales of merchandise are, in fact final, a store will usually refund money if you have a receipt and the product to be returned.

That being said, your seller of the bed is relying on the fact that there is no law forcing him to give you your money back, and apparently, he cares very little about his "goodwill" in the community where he sells his merchandise.

But, this is not the end of the story.

When you bought the bed, whether you realized it or not, you entered into a contract - - "I'll sell you my bed, if you pay my price. Okay, let's exchange money for the bed". That's a contract.

In every contract for the sale of goods (like your bed), there is an "implied warranty of fitness for a particular purpose." That is, every product we buy must perform as shown, told, or expected. It must do what it was designed to do. Otherwise, there is a breach of the "implied warranty" in the Uniform Commercial Code, of which California, and other States, is a signatory.

U.C.C. - ARTICLE 2 - SALES
..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
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"§ 2-315. Implied Warranty: Fitness for Particular Purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."


Since you discovered a "flaw" in the construction of the bed, it can be considered "defective" and not in compliance with the "fitness" requirements of the U.C.C.

Since there was a "breach" of the said Code section, you are entitled to a refund of your money. The seller either doesn't know this Code section, or is purposefully preying on the fact that YOU don't know the Code.

If, after you write a written demand for a refund based on a "breach of the implied warranty of fitness", the seller either ignores you, or continues to fail to refund your money, "don't take the law into your own hands - - you take him to (Small Claims) court" and the judge will award you a judgment in your favor.

Good luck.

IAAL


U.C.C. - ARTICLE 2 - SALES
..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

--------------------------------------------------------------------------------

§ 2-315. Implied Warranty: Fitness for Particular Purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited July 06, 2000).]

[JETX]

Sorry, but I respectfully disagree. I don't beleive the 'Implied Warranty: Fitness for Particular Purpose' applies here.

The fact that the headboard is 'not plumb/level' in no way affects it being fit for its purpose... which is as a bed. It does not warrant the quality of the product, only it's fitness for the intended purpose. An example would be a toaster, if you purchase it and find that it burns every piece of toast or doesn't toast at all, then it is not suitable for it's intended purpose and the warranty applies.

Some questions that need answering:
1) Your post says, "When I got home and assembled the frame", implying that you did the assembly. Yet, later it says that you
"informed the employee who delivered the bed". Did the employee wait while you assembled, or did the employee assemble? This is important, because the store could say that it was your error, or you could claim that the employee failed in performance.
2) Your post says that you would have accepted an 'adjustment'. How much?? Enough to create the aggravation and expense of pursuit?? If just a few bucks, forget about it and don't shop there again. Let all your friends know about the store also.

Answers to the original post:
1) You probably have no legal forceful recourse. Even if you did, would it be worth it???? Your only recourse would be to attempt to get the merchant or the manufacturer to correct the problem. Contact both of them in writing. Also, as suggested by keeshy2, if the purchase was on a credit card, dispute it. Also, if the purchase involved a finance company, contact them and let them know your problem. They might agree to help.

2) There is no '72 hour revocation' for this transaction. This is a fairly common assumption, and is invalid. The '72 hour rule' only applies when the merchant (or salesman) comes to you for the sale. This rule is in place to allow the consumer a 'cooling off' period for 'hard pressure door-to-door salesman'.

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Steve Halket
Judgment Recovery of Houston
JRS.Houston@excite.com
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[Tracey]

I believe the implied warranty of fitness for a particular purpose does not apply because buyer didn't rely on seller's judgment to select the bed. She chose the model. On the other hand, seller picked which BOX of that model buyer got, so maybe that qualifies.

Regardless, I think the implied warranty of merchantability does apply, since a defective bed is not merchantable. Buyer has a claim for breach of warranty against seller and/or manufacturer, unless the merchantability warranty was disclaimed properly.

Write the seller & demand a replacement bed or a refund of your money for breach of warranty. If you paid by check, stop it. If you paid by credit card, dispute the charge. You can also threaten to picket/leaflet outside the store as long as you stay on public property (sidewalks) & tell the absolute truth with no embellishments.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[I AM ALWAYS LIABLE]

My reply:

Let's take another look at the law again:

"UCC § 2-315. Implied Warranty: Fitness for Particular Purpose.

"Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose."

You'll notice that the UCC states:

". . . buyer is relying on the seller's skill or judgment to . . . *** furnish *** suitable goods . . ."

Did the seller "furnish" the goods. Yes. She may have chose which style of bed, but that is not dispositive of our issue. The seller having "furnished" the goods is only one issue.

The next issue is: Were the furnished goods "shall be fit for such purpose?" I believe, and could argue to a win for this lady, that the phrase "fit for such purpose" not only includes that the item functions as a bed (which it does), but ALSO includes whether all of the holes, dowls, and cuts in the wood "made by the manufacturer" are in the correct place, so that a consumer can put the bed together, *** and that it should "fit" together properly. ***

In other words, if the bed were "lopsided" due to manufacturing defects in such cuts, dowls, holes, etc., it would more than probably still function as a bed. However, that's too narrow of a definition under the code and, I believe, that if the bed fails to "look" like the sample bed, or if it's not "level" due to the aforementioned defects in manufacture, such defects would qualify under the code that the bed does not meet the test that " . . . the goods shall be fit for such purpose."

Who wants to sleep in a bed that isn't level?

My opinion is that this lady's bed qualifies for a refund under the said Code, and I'm stickin' to it, and I believe I'd win the case for this lady.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."