Fred wrote:

Sylvia Else wrote in news:8rf3f0F340U1
@mid.individual.net:

Then
if a customer tries to return the board, having failed to take note, it
will be their problem, not the discounters. If the discounter fails to
properly describe the board, then they should have to provide a refund.


From the FTC manual.....

"The implied warranty of merchantability is a merchant's basic promise
that the goods sold will do what they are supposed to do and that there
is nothing significantly wrong with them. In other words, it is an
implied promise that the goods are fit to be sold. The law says that
merchants make this promise automatically every time they sell a product
they are in business to sell. For example, if you, as an appliance
retailer, sell an oven, you are promising that the oven is in proper
condition for sale because it will do what ovens are supposed to do—bake
food at controlled temperatures selected by the buyer. If the oven does
not heat, or if it heats without proper temperature control, then the
oven is not fit for sale as an oven, and your implied warranty of
merchantability would be breached. In such a case, the law requires you
to provide a remedy so that the buyer gets a working oven."

Notice, too, it says MERCHANT, not manufacturer. Merchants have told us
all our lives they are not responsible for anything wrong with what they
sell and we must contact the manufacturer for any resolution, like
replacement or refunds. This is simply NOT TRUE! More BS! Says so
right in their own manual from the Federal regulators.

"No" is also not an answer. I got a "No" from my Smart car merchant when
I asked him about replacing the obviously defective crazing Makrolon
sunroof (same plastic as DVD). The sun's UV eats it causing internal gas
to create first bubbles then tiny cracks as the bubble pressure splits
the cheap plastic. It's $1,400 for the local Mercedes dealer to replace
it farmed out to a local glass shop. $1400 is worth fighting for. So,
after the service manager said of my written warranty that expired 3
months earlier, "When it's over, it's OVER!" Well, as anyone can see the
defective materials used to make the sunroof, Mayer Chemical's Makrolon
made by Webasto for Daimler-Benz, is a breach of Merchantability. I
called the US Distributor, Penske Automotive AKA SmartUSA on their
"customer service" line and offered to FAX them the FTC manual above. It
was unnecessary after the company lawyers decided it was more economical
to replace my defective product, that SHOULD have all been recalled but
hasn't, rather than try to explain it to a Federal judge. The dealer,
grudgingly, replaced the roof and charged Penske for it. He wondered
aloud how I "got away with it", his words. He now has a neatly printed
FTC manual explaining to him his responsibilities to his customers, just
like Roger's SmartUSA, hand-printed and hand-delivered by me and my
eyewitness...in case he needs to be reminded in some future courtroom
that he, in fact, had it put in his hand for his enlightenment....like my
Yamaha jetski dealer...(c;]

We really aren't helpless....just ignorant, stupid and mis or un-
informed....


She doesn't want your titles, and she isn't in the US Larry.


--
You can't fix stupid. You can't even put a band-aid on it, because it's
Teflon coated.