Article 2 of the UCC re: consumer purchases

[MMMaxxi]

I purchased a bed ensemble (queen comforter, bedskirt, and 2 pillow shams) from Target in December. I did not open any of the packages until after I finished the college semester and had time to do spring cleaning. In the interim I purchased expenses sheer embroidered material for curtains and material for tabletoppers. All additional purchases to match the bed ensemble.

In May I opened the bedskirt package first only to find that even though the package was marked "queen size" the bedskirt was for a double bed. The ensemble since went on clearance. Because it is more than 90 days since I purchased the ensemble Target will only give me a refund based on the clearance prices.

Can I do another letter to their headquarters telling them that the situation is covered by UCC 2-313 - Implied Warranty of Merchantability? or Express Warranty? I don't think Implied Warranty of Fitness for a Particular Purpose applies.

Any assistance would be greatly appreciated.

Marianne

 

[Tracey]

There was an express warranty that the set contained a queen sized bedskirt. It said so right on the package. The question is who extended the warranty: Target or the manufacturer? I assume there were no queen sets left that you could have exchanged?

Contact the manufacturer & see if they will send you another bedskirt. If that doesn't work, yo can always rattle your sabre & threaten to drag the Target manager into court on a breach of warranty suit. It will cost Target more to send the manager to court than to refund your full purchase price.

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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.