Question regarding warranty/implied warranty on table saw.

[mark1990]

Tennessee

A friend of mine bought a $1200 Craftsman table saw 2 years ago from Sears in Memphis. He never opened it in all this time and just yesterday sold it to me. I open her up, start putting her together and find out the fence and rails included are for a different table saw and will not fit this one.

He no longer has the receipt, however one call (of many) to Sears confirmed that they have a log of the transaction in their system.

The warranty was only 1 year, so is now expired, however my research has uncovered the wonderful world of implied warranties of merchantability [which last 4 years, btw).
Implied warranty of merchantability states that goods must be fit for the ordinary purpose for which the goods are intended. So, my understanding is that seeing as a table saw's intended use is to create cuts dependent upon a fence system and they have provided one that cannot do that, they are in breach of the implied warranty.

I have spent many hours today on the phone to various people - the customer service rep was very helpful and has forwarded an official request for response from the local store manager (who is unavailable 'til Sunday). She wants to help, and knows that it isn't mine or my friend's fault that we've been given the wrong fence system, however we have a number of obstacles in the way, being 1) our only proof of purchase are their own records, and b) this sale is from 2 years ago.

I'm not going to launch right in with threats when the manager calls, all I'd like is a little information and to find out if my understanding of implied warranties is correct. If so, I'd like to politely mention this in hopes that they'll take me seriously and offer some kind of fix.

What do you guys think? Thanks for your time.

 

[Zigner]

Your friend *might* have a case.

 

[mark1990]

I don't mean to be rude, but could you elaborate please?

 

[Zigner]

I don't mean to be rude, but could you elaborate please?

YOU have no case (except, maybe against your friend for selling you the item that won't work.)

Your friend *might* have a case against Sears, but the simple fact is that he's got no way to prove that the box wasn't open previously (while in his possession) and the parts swapped.

 

[mark1990]

For what it's worth I took pictures of the saw in various stages of box opening. It's quite apparent that it's the first time it had ever been opened.

As for the first comment - I'm not planning on filing any lawsuits here, I just want to have some leverage if I need it. My friend will gladly be the one to tell Sears these facts if he needs to, it makes no difference to us.

 

[justalayman]

The warranty was only 1 year, so is now expired, however my research has uncovered the wonderful world of implied warranties of merchantability [which last 4 years, btw).

btw: the period of time can be reduced to no less than 1 year so, depending on what the warranty states, there may be no action available for anybody.

 

[mark1990]

To my knowledge it's still 4 years in Tennessee

 

[justalayman]

To my knowledge it's still 4 years in Tennessee

then what you have learned is incorrect.

47-2-725. Statute of limitations in contracts for sale.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.

 

[mark1990]

But by what original agreement?

Isn't the express warranty separate from the implied warranty? Sears has no policy anywhere that attempts to exempt themselves from implied warranty etc

 

[quincy]

For what it's worth I took pictures of the saw in various stages of box opening. It's quite apparent that it's the first time it had ever been opened. ...

You took pictures of the saw in various stages of box opening? I'm sorry, but that is a very odd thing to do. Do you do this whenever you open a box?

 

[mark1990]

I do if I'm excited about my purchase and sending the pics to my father in law, who is fascinated by tools. What's your problem?

 

[quincy]

I do if I'm excited about my purchase and sending the pics to my father in law, who is fascinated by tools. What's your problem?

I didn't realize I had a problem.

I just find it odd for someone to take pictures of all stages of opening a box. I guess it could be lucky for you that you did, though, huh?

Sears, as a note, is one of those companies that has always been good about accepting returns and providing refunds or exchanging returned goods. Have you thought about returning the saw to Sears (or having your friend do it) to exchange it for one with the correct parts?

 

[OHRoadwarrior]

I'll go for more to the story than we are hearing for $600 Alex. I always wait 2 years to open a tool I need, then take pictures of the grand opening. My cousin used to tell these stories before he called a manufacturer to lie about how something was damaged when he got it and he had just went to use it. He once convinced a trucking company his shoe had mud on it and slipped off the clutch, while the truck was parked at high idle, when he ripped the driveshaft out of a semi.

The truth of course was that he decided to teach his GF how to drive a semi and she revved up the engine and dropped the clutch. OUCH!!!

 

[justalayman]

I didn't realize I had a problem.

I just find it odd for someone to take pictures of all stages of opening a box. I guess it could be lucky for you that you did, though, huh?

Sears, as a note, is one of those companies that has always been good about accepting returns and providing refunds or exchanging returned goods. Have you thought about returning the saw to Sears (or having your friend do it) to exchange it for one with the correct parts?

just fyi:

there is a huge "thing" about unboxing new items on the internet. It generally deals with things like a new model of phone or a new model of whatever but it can extend to just about anything. If this is the guys fetish, he probably records the opening of his package of new underwear.

 

[justalayman]

But by what original agreement?

Isn't the express warranty separate from the implied warranty? Sears has no policy anywhere that attempts to exempt themselves from implied warranty etc

the express warranty can limit the implied warranty.