going to small claims over return policy

[wolverine1]

I'm looking for any helpful advice.
8-28 I bought what is called a camber kit from the local performance automotive shop($150). This device helps to align the front wheels on lowered cars. I bought the kit the co-owner of the shop recommended. After installing it myself (I followed the manufacturer's installation instructions to the T), I realized the parts were not allowing any suspention travel on my car. I called them immediatly (the manufacturer) and they said this is common and that I needed to grind away part of the metal. Their directions for installing said nothing about grinding away my car!! So I then called back the place of purchace and asked them what they do when they install these kits. He also said to cut away the metal of my car to allow the suspention to move freely.
Under no circumstances did I ever plan on cutting away part of my car to accommodate these parts. I told that to the salesman/co-owner of the shop but he says he will not refund my money after the parts have been installed on the car. I looked around the place and there is no sign stating their return policy nor is there any info on the invoice.
8-29 I filed a civil suit against them for $150 + costs. Can anyone give me some advice to strengthen my case?

Thanks in advance.
Jason

 

[I AM ALWAYS LIABLE]

My response:

There is no law, in any State, that requires a merchant to give a refund on the sale of goods, if there is nothing wrong with the product. However, in every contract for the sale of goods is an implied warranty that the product is "fit for its intended purpose" under the Uniform Commercial Code.


U.C.C. - ARTICLE 2 - SALES
..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

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§ 2-315. Implied Warranty: Fitness for Particular Purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

Your product, when following the directions and instructions, is not "fit for its intended purpose", and does not meet this minimum requirement - - unless you are willing to do something else not within the directions or instructions.

Therefore, you are entitled to your refund from the seller. Let the seller duke it out with the manufacturer.

Good luck, and let us know how it turns out. You'll win.

IAAL

 

[wolverine1]

Should I quote this law directly during my hearing?

Thanks for your help, it is greatly appreciated.

 

[I AM ALWAYS LIABLE]

Should I quote this law directly during my hearing?

My response:

Gee, that sounds like a good plan to me - - unless, of course, the judge is a mind-reader.

Good luck to you !

IAAL