Did A Lemon Do The Trick....?
Blonde Lebinese said:
Well another satisfied consumer ... I wonder if a Lemon did the trick ? LOL
Hiya Blonde Lebinese,
Did a Lemon do the trick? No, I am more a stone fruit, like a peach or cherry; delicate skin, soft and sweet by nature, but with a solid, hard core that is bitter when bitten!
Seriously though, having a case with significant merit and confidence in the specifics, a thorough researching of California & Federal Consumer Protection Laws, solid documentation, contacting every relevant government agency with my complaint, and dedicated persistence won the war.
I discovered the company in question has a decade long history of jacking their customers around over warranty repairs when, after the problem arose, I searched the Net for relevant consumer complaints. Thus, the way the company handled my case and the poor treatment I received was NOT aberrant. Sending your goods in for warranty repairs could take months only to have the item returned in the same or worse condition than previously. In our case, the $5k telescope was DOA out of the box. After a year of multiple returns for the same electronics issue, an enormous amount of time wasted wrangling with everyone on the payroll -from the service dept. on up to the President's office- all the while being force-fed a boatload of BS about the condition of the telescope, I had had enough. The last time we sent the scope in for repairs they sat on it for a month. When I called to determine the disposition of the unit, I was told it was shipping out the next day. When I inquired about the specific repairs performed, I was told they found nothing wrong with the unit. Now, this telescope had repeatedly failed to even power up properly in front of literally 100+ witnesses. If it DID actually power up, fireworks ensued. Furthermore, the time prior to the last the scope was in for repairs, due to the Service Dept's careless handling, it was returned with internal damage affecting the scope's ability to focus (confirmed by Service Dept. manager 2 weeks prior to this conversation), in addition to failing to correct the electronics issue. So, I told the company that I would refuse the package if they tried to ship it back without repairing it properly. I also told the Customer Rep that I had run out of patience with their inability/refusal to repair the problem. My warranty stated that after 3 attempts to repair I was entitled to a new, replacement unit. Well, the company refused to honor that clause. They did try to ship the unit; I refused it based on the Calif. Commercial Code regarding non-conforming goods. After receiving the unit back from the shipping company, they threatened to SELL my scope as abandoned goods in accordance with Ca. law (no code was cited... imagine that!) if I did not PAY them to reship the scope or personally pick it up within 30 days of the letter's date. That was when the REAL battle was engaged!
I had warned them that I was employed in the legal field (I do research for an attorney as an outside service), that I had legal resources available to me free of charge, and that I was not a spineless, uninformed patsy they could dupe or intimidate. I proceeded to file complaints with the BBB, the Attorney General, the Insurance Commissioner (we had purchased extra insurance protection through the manufacturer of which they refused to honor the terms), the local DA's office (I had solid evidence of fraud), the Federal Trade Commission, the Extended Warranty Insurance Underwriters, and publicly posted my complaint on every consumer watchdog site on the Net. The media would have followed had the company not settled when they finally did so. After being contacted by several of the governmental agencies regarding my complaint, the corporate legal dept. called me. During the phone conversation, the in-house attorney -in a pathetic attempt to bluff- laughed and tried to tell me I had not a legal leg to stand on. I merely told him that we would just have to see if a judge agreed with his assessment when we appeared in court, and, since the conversation was proving futile, I was going to terminate it. Then I hung up on him... but I could hear him anxiously calling my name as I replace the handset on its base. I refused to answer their calls for about a week. When I did return the attorney's numerous calls, I was offered a brand new, identical telescope with all the upgrades AND an additional CCD camera (worth $400) to sweeten my attitude.
What amazed me was the waiver of litigation I signed did not have a gag clause. Moreover, I required them to change the wording to "all legal action concerning the ORIGNAL TELESCOPE” and add that my agreement on their waiver was contingent on their strict adherence to MY contract. Yes, they had to sign an agreement I drew up guaranteeing the company would honor every letter of the warranties I held on their product, any future dealings I may have with the company would be treated with respect (their agents had been incredibly abusive during the ordeal), and outlining certain responsibilities they must fulfill regarding the new warranties on the replacement scope AND the CCD camera. Furthermore, the company acknowledged any violations of the clauses stated in the agreement would constitute breach of contract thereby NULLIFYING my signature on the waiver I signed for them.
Thus ends the story of my triumph over one of the most litigious corporations in the viewing instruments industry. Everyone who knew of my case that was familiar with the company in question thought I did not have a snowball's chance in Hell of prevailing. Not because my case lacked merit but rather due to the company's poor consumer relations reputation. Therefore, this proves that every consumer CAN fight big corporations if they just do their homework, make use of all the agencies and resources available, and persist in their fight til the goal is reached. The only expenses I incurred during this whole process, if you do not count the time invested, were printer ink, paper, postage, and registered mail fees. All of which totaled under $50. Moreover, aside from my question posted here when my employer was overseas, not once did I have consult with an attorney or to impose on my employer regarding my case. Thus, my victory was made all the sweeter having been won by my own efforts. Several people have suggested I create a How-To package with instructions for researching the local/federal consumer laws, how and with who to speak when dealing with a company failing to honor warranties, contact information of the various consumer related agencies, and sample letters to use in situations like mine. It is something to consider...
Thanks for your interest in my case!
Peace
YCant
