Sold computer - now customer wants refund 3 months later

[bradlm]

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

We are a small IT shop. We sold a computer (new from Dell) to a customer who states it hasn't worked right since the date of purchase (!). Dell has a standard 30 day return policy, the computer has a 3 year warranty for parts and labor from Dell, and we've offered to help many times over. Denying the refund, the customer is serious about taking us to small claims court over the issue.

What does the law state concerning return/refund for goods sold? True it may have problems, but the manufacture and our company are willing to help.

One additional problem however is that one of our technicians promised the customer a refund if we couldn't fix the problem. Not the owner or company's intention, but was stated. Does this effect things?

Thanks in advance for any feedback.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

One additional problem however is that one of our technicians promised the customer a refund if we couldn't fix the problem. Not the owner or company's intention, but was stated. Does this effect things?

Of COURSE it affects things. Refund the money and fire the idiot.

 

[bradlm]

Zigner,

Thank you for your reply. Very unfortunate about the refund declared, however, it was stated IF we couldn't fix the problem. Dell and our company are willing and able. I didn't think this would be so critical having said "if we couldn't fix".

 

[Zigner]

Zigner,

Thank you for your reply. Very unfortunate about the refund declared, however, it was stated IF we couldn't fix the problem. Dell and our company are willing and able. I didn't think this would be so critical having said "if we couldn't fix".

If the techie said that, then it's probably been in your shop for repair already, right? Did you fix the problem?

 

[bradlm]

No, the problem isn't resolved yet, due to various reasons (true, our own included). Despite this fact, do you have any details on return laws?

 

[Zigner]

No, the problem isn't resolved yet, due to various reasons (true, our own included). Despite this fact, do you have any details on return laws?

Your shop agreed to refund the money if you couldn't fix it. You haven't fixed it in a reasonable time. Refund the money (now, or after a judgment - your choice)

 

[justalayman]

If you have the computer, send it into Dell for the guy. If you don't have the computer, tell the guy you have not exhausted all of your possibilities of what could be the problem. Once you have it, send it to Dell.

Do you have anything on your receipts or posted in the store as to your refund/return/warranty policy?

 

[bradlm]

justalayman:
No official return policy, unfortunately.

We have tried to resolve the problem but the customer doesn't communicate well when the problem reoccurs. It is virus or hardware related and hard to troubleshoot. They didn't claim the problem until 3 months after the install date. Again, we are willing to assist (offering at no charge), and Dell is willing to replace parts. I don't feel we should have to refund any money as we're willing to make it right.

Thanks again for any feedback.

 

[Zigner]

justalayman:
No official return policy, unfortunately.

We have tried to resolve the problem but the customer doesn't communicate well when the problem reoccurs. It is virus or hardware related and hard to troubleshoot. They didn't claim the problem until 3 months after the install date. Again, we are willing to assist (offering at no charge), and Dell is willing to replace parts. I don't feel we should have to refund any money as we're willing to make it right.

Thanks again for any feedback.

What is going to happen is that the court (if it gets that far) will be asked to determine if you have been given a reasonable opportunity to do so.

How many times has the computer been back to your shop?

 

[justalayman]

and why hasn't it been sent back to Dell for repairs if they are willing to throw parts at it?

 

[bradlm]

The customer INSISTS on a refund or will a sue in small claims court. That's why I'm asking if they have a case. I want to fix, return, replace parts, etc. They want a refund. Its 4 months down the road now. Can they do that? Dell and I are ready to fix!

 

[justalayman]

zigner asked, and it will help make a guess:

How many times has the computer been back to your shop?

and I aksed why it hasn't been sent back to Dell for repairs

both questions are important

 

[CraigFL]

As an owner of a small business, here's what I would do:

Talk to the customer.

Get agreement from them that you will order a duplicate PC from DELL and replace theirs.

Get the old one back, either fix it or send it to DELL to fix it

Resell it to minimize your losses

Chalk it up to warranty expense-- how much can the difference really be?

Talk to that employee

Go on with your business knowing that these expenses happen and you didn't alienate your customer, AND... you didn't have some third party make the solution decision for you!

 

[justalayman]

sounds like a reasonable avenue to explore but I have a nagging suspicion the customer would balk at this as well. I suspect the guy doesn't want the computer for some reason and is simply trying to get his money back and will not be happy with anything else.

Of course this is merely my guess. If I am incorrect, your suggestion sounds like a reasonable solution.

 

[jgombos]

I'm no lawyer, but it seems pretty clear to me that bradlm has a right to an opportunity to fix. What the tech worker said is irrelevant at this point, because the guarantee offered by the worker only applies to unfixable problems.

The only problems that are beyond repair are software defects in closed source software (which I believe is legally exempt from any warranty anyway).

The buyer has changed his mind, and decided he doesn't want the machine for whatever reason, and he's determined to use whatever problem he finds as an excuse to demand a refund. Don't let him get away with it.