BBQ Grill refusing to honor my warranty because I purchased online vs physical store.

[Zigner]

One more question for the OP. Was it actually purchased from Amazon, or was it purchased from a 3rd party seller through Amazon?

EDIT: Where I'm headed with this is that, maybe, you can get Amazon's assistance on this.

 

[VideoPad]

Perhaps the seller is selling stolen goods?

Perhaps we are getting side tracked here and getting too much into the weeds vs looking at the big picture.

1. Warranty information on the website and printed warranty information in the box talk about what is covered for the warranty as far as time and types of damage. ( for example surface rust is normal and not covered)
2. Warranty information talks about thinks that can void the warranty such as commercial use of the product( such as if you own a restaurant and use the grill 24/7.
3. Warranty information does not claim that it will be void unless purchased from a list of approved stores, this information for all I know was made up on the spot.

On a side story, I know a person with a large boat who had a serious problem with one of the 2 engines of the boat. It has no power, could not rev up,etc..

The so called low IQ lazy "mechanic" looked for any possible excuse not to fix the engine and he first blamed it on barnacle growth on the haul causing only 1 of the 2 engines to not have any power. My friend then spend tons money to hire a diver to clean all the barnacles off the boat.

The mechanic then claim that the problem was the paint of the boat was not new enough and it was causing drag in the water causing the engine not to rev up. Keep in mind that this boat has 2 engines, 2 propellers, a left and right side and this guy kept claiming that only 1 side was effected by every excuse in the book. To paint the boat would require going into dry dock and costing thousands of dollars.

Eventually this ended up with threats of legal action and before it got the that stage, my friend talked to a executive at the diesel engine company who was claiming that he does not really understand engines but rather just relies on the mechanics. My friend explain the situation and how he was claiming he was blaming the paint and barnacles for the engine not working and his reaction was like " HE SAID WHAT?????"

The company sent another better mechanic who actually looked at the engine and did a compression test and found the engine was faulty. One of the cylinders had a crack and resulted in like 0 compression.

So sometimes lazy employees tell you the wrong information and end up costing you a lot of money. Companies blindly accepting and backing poor employees can cause things to escalate out of control and we would all be better of if a little common sense were use.

Why try to invent new ways to rationalize voiding a warranty when the company has not taken these positions?

This is not suppose to be a think tank of fabricating new ways of void a warranty.

Thinks I would like to know.

1. What consumer protections do I have on a warranty implied or stated?
2. Are there consumer protection laws that address these issues?
3. Can the company make up new terms on the spot that were not disclosed on their warranty product information?
4. Is there a legal grounds for a lawsuit or government action?

 

[quincy]

No warranty will be honored on stolen goods. No warranty will be honored on counterfeit goods.

 

[Mass_Shyster]

Your beef is with the outfit that sold it to you. You do not have a contract with the manufacturer. You have a contract with the seller. The seller represented that it was covered by a manufacturer's warranty. It is not. Contact the seller for a resolution.

 

[VideoPad]

I think it is a problem with the seller of the grill and not with the warranty. This time of year especially you will find sellers online (and in parking lots and in spam ads) selling stolen and counterfeit goods, hence the need for a legitimate receipt from a recognized seller if you wish to repair or replace any item.

If they are arguing that the product is stolen, then I think they should need to say this.

This item was not exactly purchased for free but rather almost full MSRP. It was certainly not a seal as far as price was concerned.

Why is there no disclose of these terms on the warranty page? So the consumer is guilty until proven innocent?

Everything is stolen unless proven otherwise?

They are in full control of the printed materials for the warranty, why not state these conditions on the warranty?

There was no way that someone purchase this grill online would possible know that it would void the warranty.

 

[quincy]

You apparently do not have a valid receipt.

I agree with Mass_Shyster. Speak to the seller.

 

[VideoPad]

Was the purchase made through an authorized dealer or private party? Is this grill authentic (e.g., not a counterfeit)? Is the grill on a recall list?

I believe the grill was shipped directly from Amazon. To my knowledge Amazon does not sell counterfeit or stolen merchandise. I think it would be incredible unfair to assume that you are purchasing stolen or counterfeit merchandise unless you buy from home depot

 

[Zigner]

I believe the grill was shipped directly from Amazon. To my knowledge Amazon does not sell counterfeit or stolen merchandise. I think it would be incredible unfair to assume that you are purchasing stolen or counterfeit merchandise unless you buy from home depot

Your receipt should indicate whether or not it was SOLD by Amazon, or a third party. If it is silent on the matter, then ask the actual buyer to review their information. And, again, see if you can get Amazon's assistance. Give them a call.

 

[adjusterjack]

I believe the grill was shipped directly from Amazon. To my knowledge Amazon does not sell counterfeit or stolen merchandise. I think it would be incredible unfair to assume that you are purchasing stolen or counterfeit merchandise unless you buy from home depot

You can discuss this until the cows come home but the bottom line is this:

Manufacturer won't honor the warranty because of where you bought it. The written warranty doesn't restrict you to place of purchase.

Here's what you do. Get the grill fixed. Pay for it. Sue the manufacturer for the repair cost. Show the judge the warranty. The manufacturer will explain why it's not honoring the warranty. The judge will decide whether or not you get your money.

I don't think that this discussion needed 38 posts. Certainly shouldn't need any more.

 

[VideoPad]

You apparently do not have a valid receipt.

I agree with Mass_Shyster. Speak to the seller.

Define a " valid receipt "?

Websters dictionary defines a receipt as

receipt
re·ceipt | \ ri-ˈsēt \
Definition of receipt
1a: a writing acknowledging the receiving of goods or money

Can you define a valid receipt vs invalid receipt?

How is a reasonable person suppose to tell these condition if not informed?

Everything in a physical store = good
Everyone online(including Amazon) = bad/stolen?
People had that attitude in the late 90 but I am shocked to see it in 2019.

Once again, company does not claim receipt is invalid but rather they don't like the store I purchased it from.

By the way, many large retail store also have a store using the Amazon/Ebay platform including Best buy.

I am asking about consumer protection law and I think you guys are accusing me to stealing merchandise.

I'm sure if someone ask a question about a car accident, you would not accuse the person of faking the car accident as part of an insurance scam.

Lets deal with the facts at hand instead of throwing all these crazy conspiracies and accusations.

What does the consumer protections laws say about this?

Refusing warranty due to purchasing from an online store but there are no terms which say this on all the warranty information provided?

 

[VideoPad]

And there is what I was getting to way earlier in the thread. The fact that it is an online merchant likely has nothing to do with it. It is likey the fact that it wasn't an authorized merchant.

How exactly does a reasonable person go about learning who is an approved or unapproved seller when they purchase a product? if this information is never disclosed even on the warranty information?

For example, If I walk into a Lowes and buy a grill, should I know that Only Home depot is authorized but not Lowes? Company warranty information said nothing about who is or is not an approved reseller.

I once encountered a company that would only provide the drivers to their though a small network of authorized boutique partners and stop shipping the essential drivers to everyone else. If you wanted this device to work, you had to pay one of these people by the hour to come over and program your device. This was not done because it was impossible for a normal person to do but rather the software needed to do this was being withheld . Even if you had purchased this device from best buy which use to sell it, you would receive a device without the required software to get it working.

I don't know how this worked out for the company but I don't think best buy does business with them anymore.

So is someone who goes into a best buy and spends an absurd amount of money on an piece of electronics suppose to know he is afoul of the manufacturers wishes?

Are there no disclosure requirements, implied warranty or basic consumer protections ?

Manufacturers have stickers that say " void if removed " however that is illegal but they still do it. Just because the company said it does not make it legal.

 

[VideoPad]

You can discuss this until the cows come home but the bottom line is this:

Manufacturer won't honor the warranty because of where you bought it. The written warranty doesn't restrict you to place of purchase.

Here's what you do. Get the grill fixed. Pay for it. Sue the manufacturer for the repair cost. Show the judge the warranty. The manufacturer will explain why it's not honoring the warranty. The judge will decide whether or not you get your money.

I don't think that this discussion needed 38 posts. Certainly shouldn't need any more.

Manufacturers also place sticks on many products saying " Warranty VOID IS REMOVED" however that does not mean the warranty is void if removed. Just because they place a little sticker that said that does not make it true. There is consumer protection law that said so. Do you disagree?

The FTC said " Warranty VOID IS REMOVED" are illegal , but manufactures continue to do it even to this day. However I don't think they have ever been challenged in court.

I am just looking to hear that I have a little law on my side if I decide to escalate the issue.
Courts are unpredictable, same sets of facts with different judges get different results.

All the post are because people started saying stuff like saying I had a counterfeit stolen merchandise and started making up a bunch of crazy conspiracies out of nowhere. So I am trying to set the correct the record and deal with the actual facts not all this crazy made up stuff.

 

[Mass_Shyster]

A warranty is a contract. You do not have a contract with the manufacturer. You are not in privity with the manufacturer (look it up). Since you do not have a contract with the manufacturer, you do not have standing to sue the manufacturer. You have a contract with the seller. The seller told you that the manufacturer would fix anything that went wrong with the grill. Now find that the manufacturer will not fix it.

You can sue the seller for breach of contract. You have no contract with the manufacturer, so you cannot (successfully) sue the manufacturer.

Go after the seller. Demand that the seller arrange for the repair of the unit in accordance with the warranty that the seller told you came with the unit. If they don't, sue.

 

[adjusterjack]

I am just looking to hear that I have a little law on my side if I decide to escalate the issue.

I already told you the law. It's the law of contracts, which is comprised of countless statutes and thousands of appellate case decisions, all explained in the Restatement (Second) of Contracts:

https://www.nylitigationfirm.com/files/restat.pdf

The "law" says you have a warranty. You have it there in print right in front of you. If you aren't willing to go to court to enforce it, you have no leverage, and the manufacturer can just say "No, goodbye" and all the discussion in the world won't change that.

All the post are because people started saying stuff like saying I had a counterfeit stolen merchandise and started making up a bunch of crazy conspiracies out of nowhere.

You're right. They should have kept the discussion to the warranty and not speculated on the manufacturer's motives.

 

[PayrollHRGuy]

How exactly does a reasonable person go about learning who is an approved or unapproved seller when they purchase a product? if this information is never disclosed even on the warranty information?

Some random person selling on eBay is likely not an authorized seller.

You are clearly a troll. You refuse to answer any questions so you could be helped.