Online purchase: New wood splitter, D.O.A.: Typical reseller/manufacture response?

[FreeAdviceUser8]

I'm in North Carolina. Recently purchased new wood splitter from online store. Splitter was crated, shipped promptly, and required assembly.

I decided to purchase from online retailer - located in another state. It arrived by freight, crated and undamaged. Assembly was easy enough, filled fluids, and began splitting wood. Then I noticed a fine mist in the air... turns out it's a pinhole leak in a weld on hydraulic cylinder. It rendered the product unusable until repair made. I called retailer, and they offered a few options:

1. Send replacement hydraulic cylinder to me for installation; or
2. Take to welding ship to repair cylinder and they would reimburse; or
3. Take to authorized repair shop to replace cylinder.

My thought is this shouldn't be a warranty issue, it's a new product. It's D.O.A. If I wanted to purchase a project, or had time to be replacing cylinders, or taking it somewhere for warranty service, I would have purchased something used.

Asking retailer if they could just take back, they mentioned typically 'gassed' equipment cannot be shipped, but would 'get back to me'. The did get back to me, after nearly a week, and indicated sorry - they could not accept it back. The above were my options.

They shipped a replacement cylinder, and also refunded $75 - to cover some costs of having someone install it. The replacement cylinder arrived, but it was severely beat up, appeared to be a used or rebuilt part.

I've contacted both retailer and manufacturer about used part, however, they have not yet replied. I believe they expect me to install the used part. My feeling is why should I accept something less than new, working, non-DOA, from any equipment purchased? Further, its now been demonstrated these are inferior products, and I wouldn't have bought it to begin with if they represented it properly. After more careful review of retailer website, they do, in fact, say once equipment is gassed it cannot be taken back. However, I would think that it's assumed a new, working piece of equipment is expected to be received. They never fulfilled their obligation in delivering a new, working piece of equipment.

The total value of this equipment is about $1400. What I'd like to do is return everything to manufacturer - I'd even pay half the return freight (cost of maybe $300 total, or half being $150).

To receive an entire refund, would a small claims court be likely to help in this matter? If not, what would best course of action be?

Thank you!

 

[quincy]

You apparently cannot send it back. That is not an option.

The retailer however offered you several other options. I suggest you wait to hear back from the retailer about the used part they sent you.

If you want to file a lawsuit against the retailer, you have that option as well.

 

[Zigner]

You apparently cannot send it back. That is not an option.

The retailer however offered you several other options. I suggest you wait to hear back from the retailer about the used part they sent you.

If you want to file a lawsuit against the retailer, you have that option as well.

I agree - and this is a good example of why it is often better to purchase high-dollar products, or difficult to return products locally.

 

[FlyingRon]

There's no obligation for a seller to take back defective products. Many do, but that's just goodwill. The offers they gave you are certainly within line with reasonable warranty support. Small claims won't change that.

 

[not2cleverRed]

<snip>

They shipped a replacement cylinder, and also refunded $75 - to cover some costs of having someone install it. The replacement cylinder arrived, but it was severely beat up, appeared to be a used or rebuilt part.

I've contacted both retailer and manufacturer about used part, however, they have not yet replied. I believe they expect me to install the used part. My feeling is why should I accept something less than new, working, non-DOA, from any equipment purchased? Further, its now been demonstrated these are inferior products, and I wouldn't have bought it to begin with if they represented it properly. After more careful review of retailer website, they do, in fact, say once equipment is gassed it cannot be taken back. However, I would think that it's assumed a new, working piece of equipment is expected to be received. They never fulfilled their obligation in delivering a new, working piece of equipment.

The total value of this equipment is about $1400. What I'd like to do is return everything to manufacturer - I'd even pay half the return freight (cost of maybe $300 total, or half being $150).

To receive an entire refund, would a small claims court be likely to help in this matter? If not, what would best course of action be?

Thank you!

Um, they refunded you $75 "to cover some costs of having someone install it" - that means that yes, they expect you to install it.

Option 3 (taking it to an authorized repair shop) would have been easier.

It would be a good idea to contact a local-ish authorized repair shop. 1) They might be able to help you resolve the problem, and 2) If they are not able to resolve your problem you can use their evaluation of the situation to bolster your complaint.

BTW, of course you can't ship it back. Haven't you seen all the signs when you go to ship anything stating "no flammables"?

 

[xylene]

then sent you a servicable replacment part AND you have the original pinholed cylinder.

Spend 50 bucks getting the damaged cylinder repaired.

You now have a spare part and a working machine.

Give the seller less than 5 star feedback.

Problem solved.