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Can I sue Brandsmart for refusing to accept return/refund of a dysfunctional appliance?
Anonymous2 views2 answers
I bought a portable airconditioner from Brandsmart when my house AC suddenly broke down as temporary relief. The cashier stated clearly upon paying that I can return the item in 30 days If I am not satisfied, but without my knowledge the receipt she printed marked "0 days return". Unfortunately, the unit dysfunctioned the next day and need to be pulled out by 3 people for return to Brandsmart which they refuse to accept since my receipt has the 0 day return, the supervisor insisting/arguing the manufacturer's policy stated the 0 day return , although brandsmart receipt specified 30 days return. The manufacturer denied that it is their policy to marked 0 day in their products but refuse to talk to Brandsmart and clear the air.
May family suffered alot because of this.
You should be able to look up the manufacturer's policy on their website, or review it in the materials that came with the a/c you bought. You need something in writing to show the store what the policy is.
You also need to deal with the store's manager. No one's non-return policy is worded "0 days," so this is pretty clearly a manipulation of the proper policy.
Have you looked up Brandsmart's written policy on their website?
Try sending them a demand letter, demanding a refund for this defective merchanise.
If there was a "warranty" on this product and it did not work, then both seller and manufacturer arguably breached the implied warranty of merchantability. Some states do not allow you to go after a manufacturer due to "privity" issues re: the sale and some do not allow you to go after the seller due to "privity" issues with the warranty giver. It's entirely possible in FL that your "lemon law" will cover this matter and that a consumer attorney will write a letter for you at no charge and get you the result you wish for, a return of the AC for your money back. If so, the other side would have to pay your lawyer. To find someone who may be able to help, go to:
http://www.naca.net
Good luck with it.
