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Verbal Guarantee of employee not backed by Company

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ptralaska

Junior Member
What is the name of your state?Alaska
I have several questions as they relate to my situation. Hopefully I can outline all the details without going into depth and I can get an answer for each question.
Situation: I purchased an investment program from a company after receiving a mailing from them. I spoke several times with their sales rep via the telephone, as I was very reluctant to spend the sum of money for a program that I was not sure I would be compatible with. I was finally assured that I had nothing to lose, because I had 1 full tear to review it and return it if I did not like it.
After paper trading with the program for 5 months, my fictional trades did not warrant the program, so I emailed the customer service department saying that I would like to return the program-which they said is not their policy-as stated in the signed agreement-yes, it is there.
Recently (14 months after original purchase ) I contacted the cust. service dept. again with the same request. In the meantime, I called the sales dept. and told them that I was a member and that a friend of mine was interested in the program. (I asked for the rep that had sold me the program, but he no longer works there). I asked the sales rep if they still had the one-year guarantee and he said, no, that it was a one-time offer they had a while ago. He also said that the only people that had returned the program were people that had bought it and then never used it. I have some doubt as to whether or not the 1 year money back guarantee was valid at all-the possibilty exists that both sales reps are (were) lying.
Here are my questions:
1. Does the company have any legal obligation to warrant their sales reps claims? There is a line in the contract that I signed that says the program can not be returned. Obviously, I wish I had read the contact more thoroughly.
2. If I were to tape a similar conversation with their current sales rep and get him to reiterate the 1 year guarantee that they were offering-either authorized or unauthorized by the company-could I be attacked legally?
I know that such a recording would be inadmissable in a court, but I am hoping to appeal to their sense of resposibility-if they possess one.
3. What other recourse do I have, if any?

The company is incorporated in Australia if I am correct, but they have sales offices in Canada and California that I know of. I bought my program from a rep in the Pasadena, CA office.
 


Zigner

Senior Member, Non-Attorney
I'm not sure I understand - did you say that the WRITTEN agreement says no returns?
If so, I'd say you're out of luck - sorry.
 

ptralaska

Junior Member
I pulled the agreement I signed that they referred me to. Here is what it says-verbatim:
3.1.7 The User is satisfied that the Program is suitable for their requirements and the purpose for which the User purchased it and will use it and understands that the past optimized algorithm formulae results of the Program may only be indicative of future results and historical profit results do not necessarily mean future profits will be achieved or guaranteed and individual results will vary.
3.1.8 In deciding to buy the Program the User has not relied on any representation other than as contained in the promotional material of the Company. (I believe this is where they are trying to say that if it wasn't in the brochure, that they are not responsible, nor do they accept responsibility for what their sales people tell us. This seems to have given their sales people carte blanche to say whatever it takes to make a sale)
3.1.9 The User is aware that the program may provide additional stock exchange features of fundamental analysis (Australia only), technical analysis and charting (available all stock exchanges) that may require additional time to utilize**************
3.2 The User hereby acknowledges that this contract of sale is formed exclusively within Pasadena being in the State of CA, USA. The parties involved irrevocably submit to the exclusive jurisdiction of Pasadena being in the State of CA, USA
 

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