PRACTICAL CONSUMER ADVICE....by Bob Smith 
Saturday, April 27, 2013, 07:14 PM
Posted by Administrator
We always strive to avoid giving practical advice...preferring, instead, to pontificate and tell odd stories. Still, sometimes it hits you in the face.

When you buy a new product....cars, boats, planes, trains, computers, cheese graters....you automatically and by operation of law get a "warranty". The warranty gives you the right to go after the manufacturer and seller and get damages if the product isn't as good as any other similar products that might be out there and/or doesn't do the job the salesperson/advertising/packaging said the product would do. In other words, computers have to be able to compute and if you the salesman tells you that you can produce 4-D movies on it.....it had better have some serious graphics cards. (There is a 4th dimension....right?)

Of course, you don't really get these warranties because your sales agreement/invoice/purchase order says "THERE IS NO WARRANTY OF MERCHANTIBILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE" and then goes on to describe the 'LIMITED WARRANTY' that you do get....which isn't near the warranty you would have gotten...by operation of law, but for the disclaimer. So, computers don't have to compute and the bicycle you buy for your kid can be ten feet tall.

Really, I got on to this subject because I just bought a pressure washer to wash some color out of my deck. The men who redid the deck ignored what color we told them we wanted and stained the deck a dark brown that reminds us of .................

Anyway, when I unpacked the pressure washer, the first thing I saw was a NOTICE that said that if there was any problem/question/concern about the pressure washer I should ABSOLUTELY NOT return it to Home Depot...I should, instead, contact the manufacturer. I had seen similar notices before in computers and put-it-together-yourself furniture boxes and I hadn't thought much about it. But, when I saw the notice this time, I had an epiphany.

Now that I am involved in the other business, people tell me things that I don't hear about in the lawyer business. And, I'd heard from a couple of people about some fairly new companies who were selling their technologically based products to big box stores. They knew they'd make a lot more money selling to Costco and Home Depot and Walmart than they would selling to little, neighborhood retailers.

But, the deal with the big box stores I learned was this: If a customer returned a product to the store, the supplier/manufacturer/distributor had 30 days to pick the item up or it would be thrown in the dumpster. Also, the store would take a credit for the wholesale cost against what it owed. After Christmas, for example, there would be thousands of items returned....millions of dollars the supplier/manufacturer/distributor would never see...and lots of expensive circuit board laden product in the dumpster. After all, it isn't economically sensible to send a truck around to all of the big box stores across the 50 states to pick up the returns.

So, the NOTICE in the pressure cleaner box wasn't really advice about how to deal with warranty claims, it was a plea not to take the product back to the store. DEAL WITH US, it begged. WE'LL SOLVE THE PROBLEM.

Luckily for the pressure cleaner company....it worked! Otherwise, it was going back to the store.

There is a lesson in all of this: Who cares about warranties, limited warranties, or warranty disclaimers? We all do in the case of expensive products and products bought from stores without liberal return policies (ever try returning a Ford to the Ford dealer?). But, for the first 30 days (or whatever the particular store's policy is) after purchase, if there's a problem.....dump the product on the return desk of wherever you bought it.

DON'T BUY WHAT IT SAYS ON THE NOTICE IN THE BOX.

Editor's Note: Smith reports that he wrote the above at the Tim Hortons in the Walmart on Strachan Rd. in Medicine Hat. Bob says, "My Tim Bits ....1/2 Apple Fritter and 1/2 Dutchie... too much sugar for my liver but at least they weren't imported from China."
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