Damaged TV

[JETX]

By what you are telling me then, I shouldn't even bother sueing them.

First, I never said that. I did say that you have little or no chance of success against the merchant, unless you can somehow waive their disclaimer. There are several ways that could be done.
I also said that you MIGHT have a claim against the shipper. Again, there are several arguments that a good attorney can make on that.... starting with... whether there was any damage to the packaging. If not, then the presumption would be that the damage occured BEFORE it was shipped.... and thereby the merchants liability.

and hopefully get some more for them causing me all this trouble.

That simply will not 'fly'. You can't get punitive or exemplary damages in a case like this.

This merchant has been treating me awfully, hanging up on me, and swearing.

So, file a complaint with the BBB and don't deal with them in the future.

Are you sure about what you are saying?

Yep.

 

[ff3508]

Thank you yet again seniorjudge and JETX, for the advice and help. Merry Christmas and Happy Holidays.

seniorjudge:
Well $2,400 dollars is better than losing all of $5,500. What else can i do besides lessen the pain? Court cost me $22 to file and if I have to travel it cost me about $300 dollars round trip to NY and back to CA.

JETX:
There was no damage on the box. It looked perfect when it got to me. But when I opened it, some of the bottom styrofoam was damaged and torn. This was also noted by the inspector who came over to look at the damaged TV. I have many pictures of the box and TV on all sides.
The proof of delivery that I signed didn't say anything to check the TV in front of the delivery guy. Wouldn't that also help my case?

Derek

 

[acmb05]

hey try

Getting on The Peoples Court with your case. They pay you to appear and you would at least get that whether you win or lose.

Seriously though they have told you 4 or 5 times what to do and you keep asking the same questions.

Also you cannot get your filing fees or travel in small claims court.

 

[mitchelt]

You said you purchased "shipping insurance"...what exactly was that for?

Does the site explain what "shipping insurance" is?

Also, when "JETX" posted the policies of the store I assume he found them under the "Policies and Services" section BUT I think you may have a chance to do something because I went through there purchasing process almost to the end when they ask you to put in your credit card number and no were did I see the policy that JETX mentioned, nor did I have to check a checkbox that indicated that I read the policies or that reading the policies was mandatory. I don't think I missed it, but please feel free to check it out.

Also, before I approach the vendor about this I would make some screen shots of the web site and the paying process and save those just in case they suddenly change the site.

Hope that helps.

Mitch

 

[JETX]

I was kind of hoping that the OP would get there on his own with all the 'hints', but lets cut to the chase and close this one.

File a lawsuit against the merchant and the shipper.
Your ONLY obligation as to inspecting the product upon receipt is to review the packaging!! You have NO obligation to open the packaging except to inspect for INTERNAL damage.... and not needed if no external damage is evident. Your evidence (photos, etc.) will hopefully show that the packaging, when received, shows NO evidence of damages..... collapsed corners, holes, tears, punctures. That is sufficient to show that whatever damage occured to the contents happened either at the manufacturer (prior to packaging) or at the merchant (and the item was repackaged).

If you read the merchants disclaimer, it says CONCEALED damage. The issue would be... the only way that damage could be CONCEALED is if THEY did the 'concealing'!!

I also agree with Mitchellt... I got all the way to the 'pay me' screen without any acknowledgment or acceptance of their terms and conditions of sale.