Can I sue a paint manufacturer for a wrong paint color in a can?

[clausthaler]

What is the name of your state? - California

Hi,

my wife and I bought a paint from Rustoleum to paint our bathtub. The box, label on wrapping, as well as Amazon said it would be a white color. We poured the color (two components) together and wondered white it's slightly white-green-ish color. We continued and started painting, hoping it still would turn white based on a chemical reaction or so. Of course, nothing happened and the bathtub was green in big parts.

Obviously, the can that was sold to us came with the wrong packaging from the manufacturer. My question is, can I sue the manufacturer to get my money back and have them pay for the cost of restoring our bathtub to a normal color again?

Thanks for your help.
Claus

 

[FlyingRon]

Did you contact either the store (my first choice) or the manufacturer (second) about the issue?
A lot of the home centers would just refund the trivial amount. I suspect that the manufacturer would take care of it if the store wouldn't.
I've certainly had bigger fish to fry at Lowe's and they didn't even bat an eye.

Availing your self of the courts will be the more time-consuming operation and for the price of a $10 can of paint, you'll probably have a net loss in the long run.

 

[Zigner]

What is the name of your state? - California

Hi,

my wife and I bought a paint from Rustoleum to paint our bathtub. The box, label on wrapping, as well as Amazon said it would be a white color. We poured the color (two components) together and wondered white it's slightly white-green-ish color. We continued and started painting, hoping it still would turn white based on a chemical reaction or so. Of course, nothing happened and the bathtub was green in big parts.

Obviously, the can that was sold to us came with the wrong packaging from the manufacturer. My question is, can I sue the manufacturer to get my money back and have them pay for the cost of restoring our bathtub to a normal color again?

Thanks for your help.
Claus

Hold on a second - you want the manufacturer to restore your bathtub to its prior dingy, in-need-of-painting condition? Why?

 

[stealth2]

it's slightly white-green-ish color.

Of course, there are many variations of white.

 

[Just Blue]

Am I the only one that does a test spot when painting?

 

[Taxing Matters]

What is the name of your state? - California

Hi,

my wife and I bought a paint from Rustoleum to paint our bathtub. The box, label on wrapping, as well as Amazon said it would be a white color. We poured the color (two components) together and wondered white it's slightly white-green-ish color. We continued and started painting, hoping it still would turn white based on a chemical reaction or so. Of course, nothing happened and the bathtub was green in big parts.

Obviously, the can that was sold to us came with the wrong packaging from the manufacturer. My question is, can I sue the manufacturer to get my money back and have them pay for the cost of restoring our bathtub to a normal color again?

Thanks for your help.
Claus

You are entitled only to replacement of the paint, which Amazon may be willing to do for you if you contact customer service. You saw the color when you poured the paint together and it wasn't what you wanted. You should have stopped there and not proceeded to paint the whole tub with it. That you went ahead and did that any way is on you.

 

[not2cleverRed]

Just as an FYI: it is always a good idea to read the negative reviews. The negative reviews for this product would seem to indicate that those labelled "almond" are prone to drying green (sage, avocado, vomit). It's also good to read the reviews for tips on using a product.

I believe that because of this, the most you could reasonably expect is a refund or exchange, and even so, because it's through Amazon, it would be unlikely.

For things that are difficult/impossible to return, it is better to go through your local stores, as then you can more easily return it or ask for a refund.

 

[PayrollHRGuy]

Are you using the same Amazon I am? They have never, not refunded something I've sent back. And that includes food products that were half eaten.

 

[Taxing Matters]

I believe that because of this, the most you could reasonably expect is a refund or exchange, and even so, because it's through Amazon, it would be unlikely.

My experience has been that Amazon is generally pretty good about refunding money for stuff like this to established customers who have not been frequent returners. Refunding the cost of a can or two of paint is a pretty inexpensive way to ensure customer loyalty.

 

[not2cleverRed]

My experience has been that Amazon is generally pretty good about refunding money for stuff like this to established customers who have not been frequent returners. Refunding the cost of a can or two of paint is a pretty inexpensive way to ensure customer loyalty.

Touche. I was going by what some of the negative reviews had claimed - that they had been told there is no return policy (verified purchase).

It is unclear whether Amazon offered a refund to those who complained, but some verified purchasers this year have complained that Amazon would not accept returns for this project. The person from September complaining about the "expensive paperweight in [my] shed" clearly did not get a refund. They were miffed because they had specifically ordered from Amazon because their experience had previously mirrored yours.

This stuff is toxic. It can only be shipped by ground within the lower 48. So no returns.

 

[Taxing Matters]

Touche. I was going by what some of the negative reviews had claimed - that they had been told there is no return policy (verified purchase).

Well, I should qualify my experience by saying that it is with buying stuff that is sold and shipped by Amazon itself. It's sometimes easy to overlook that Amazon also provides a portal for other sellers to sell products to you, and where the seller is someone other than Amazon the refund policy may be different. I didn't look up the product but if it was sold by someone other than Amazon I could see that a refund might be more difficult to get.