Company Refuses Refund

[MeatRo]

What is the name of your state (only U.S. law)? MO
The seller is located in FL.

My employer purchased a diagnostics machine to do her own blood work on her animals. We found the machine online for $8,500 but paid a higher priced company $10,500 because of the better service they claimed to provide.

The machine is covered by a 1 year warranty, their website claims they have a 30 day return policy (for non-refrigerated items, 5 days for refrigerated).

We made the purchase on 12/23, the company is very unorganized.. The machine arrived on 1/5. They sent a rep out on 1/8 to install it and show us the basics, but the "starter kit" never arrived (until yesterday, 1/20) and without the starter kit, which includes all necessary attachments and accessories, the machine is useless.

While the rep was attempting to still show us the basic functionality (a lot of "it's shaped like this and attaches to this other thing which goes here") she noticed that one side of the machine doesn't work. There are 2 sides, A and B, each with 6 slots for samples. Side B doesn't work at all, on side A, only 3 slots work. The company then sent a repairman out on 1/11 who said the parts would need to be ordered.

On 1/18 the repairman was ready to come out and fix it. We told him to wait, since we would probably return it.

And here we go...

The company absolutely refuses to take the machine back. We talked to one guy (the salesman) who won't let us speak to anybody else. They did not provide any type of paperwork, aside from a generic Quickbooks receipt. No warranty, no return policy, nothing. The salesman says that it's up to him whether he issues a return number or not, and he says he will not issue one.

I've been researching the topic, but information is hard to come by.

Basically, my question is.. Do we have to pay $10,500 for a machine that doesn't work?

 

[Zigner]

Sure - but you can also demand that it be repaired, per the terms of the warranty.

 

[MeatRo]

So you're saying that we DO have to keep it?

Here's their return policy (as far as I know. from their website)

====================================
UPON RECEIVING A PACKAGE:

* PRODUCT THAT HAS BEEN WRITTEN ON OR ADULTERATED IN ANY WAY WILL NOT BE ACCEPTED FOR RETURN.
* EXAMINE outer packaging for damage that may have occurred during transit.
* IDENTIFY THE BOX WITH �PACKING SLIP ENCLOSED� STAMPED ON ITS EXTERIOR. Keep in mind that with multiple box shipments, the packing list will be in only one box.
* EXAMINE internal packaging and retain all packing material if the product is damaged. Compare the items and quantity listed on the packing slip with your purchase order.
* If you are returning a product with a lot number and/or expiration date, ensure the item you wish to return is the same lot you received from MMI. If you are unsure of the lot you were shipped, please call Customer Service for assistance.
* Non-refrigerated items must be returned within 30 days of receipt.
* Refrigerated items must be returned within 5 days of receipt. CALL IMMEDIATELY upon receipt of item, for further instructions. Items must remain REFRIGERATED and returned in original packaging.
* A restocking fee of 15% applies to ALL returns.
* Returns will not be accepted without an assigned Returns Goods Authorization # from MMI.
====================================

I don't see why they refuse to return it. All terms of the policy have been met, except being issued an RMA#.

Also, we don't know what the terms of the warranty even are, as I said, they never sent us anything. We never signed anything. The only things we have are..

1. The machine
2. The Quickbooks receipt

 

[HappyWanderer]

It depends. I'd look to the UCC. While you need to look at them all along with complete facts, part 6 may apply. Something like:

§ 2-602. Manner and Effect of Rightful Rejection.

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (Sections 2-603 and 2-604),

* (a) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and
* (b) if the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this Article (subsection (3) of Section 2-711), he is under a duty after rejection to hold them with reasonable care at the seller's disposition for a time sufficient to permit the seller to remove them; but
* (c) the buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller's rights with respect to goods wrongfully rejected are governed by the provisions of this Article on seller's remedies in general (Section 2-703).

 

[swalsh411]

How did you pay for this purchase?

 

[MeatRo]

Thank you, Wanderer. That's exactly what I was looking for.

This purchase was made using a debit card.

However, on the way to the bank to put in a dispute, the saleperson's boss called. Said he had listened to our previous conversations, apologized for the way the salesperson treated us and agreed to issue a full refund, waive the restocking fee and shipping fee.

I knew there had to be a law out there (apparently it is UCC article 2, section 6) that entitles the buyer to reject the product for a refund (we do not want a repair or exchange). I just couldn't seem to find it.

Thanks again, Wanderer.