On Thu, 15 Feb 2007 19:13:33 -0500, mm
wrote:


(1) The buyer may revoke his acceptance of a lot or commercial unit
whose non-conformity substantially impairs its value to him if he has
accepted it

VEry interesting. I just noticed that it says "it's value **to him**"
which means if the court is convinced he wants a gentle cycle, the
court has to give more importance to the fact that he wants a gentle
cycle than the fact, if it is so, that some other people don't want
one.

I bet there is some catch on that machine that is more expensive than
two others but doesn't have a gentle cycle. Perhaps it uses the same
cycle but has an agitation speed control, and a wash and rinse time
control. Isn't that the essence of the gentle cycle. Except in that
one, they are individually adjustabble.

(a) on the reasonable assumption that its non-conformity would be
cured and it has not been seasonably cured; or

(b) without discovery of such non-conformity if his acceptance was
reasonably induced either by the difficulty of discovery before
acceptance or by the seller's assurances.

(2) Revocation of acceptance must occur within a reasonable time after
the buyer discovers or should have discovered the ground for it and
before any substantial change in condition of the goods which is not
caused by their own defects. It is not effective until the buyer
notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard
to the goods involved as if he had rejected them.

On Thu, 15 Feb 2007 16:01:12 -0800, wrote:

On Thu, 15 Feb 2007 23:54:58 +0000 (UTC), (Stacia) wrote:

writes:

So another 3 day delay waiting for the staff member to return from days
off.

Oh, come on. You're making up a bunch of worst case scenarios, and
exaggerating them to boot.
The store promised the guy a specific model and make of appliance, and
when they didn't have it, all they had to do was call.

They did call. They told him it was a different machine and he had them deliver it
anyway.

Why do you always leave out the part where they told him it had the
same features?

§ 2-608. Revocation of Acceptance in Whole or in Part.

(1) The buyer may revoke his acceptance of a lot or commercial unit
whose non-conformity substantially impairs its value to him if he has
accepted it

(a) on the reasonable assumption that its non-conformity would be
cured and it has not been seasonably cured; or

(b) without discovery of such non-conformity if his acceptance was
reasonably induced either by the difficulty of discovery before
-------------------------------------
acceptance or by the seller's assurances.
---------- --------------------------

[Both apply.]

(2) Revocation of acceptance must occur within a reasonable time after
the buyer discovers or should have discovered the ground for it and
before any substantial change in condition of the goods which is not
caused by their own defects. It is not effective until the buyer
notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard
to the goods involved as if he had rejected them.

(4) If a buyer uses the goods after a rightful rejection or
justifiable revocation of acceptance, the following rules apply:

(a) Any use by the buyer that is unreasonable under the circumstances
is wrongful as against the seller and is an acceptance only if
ratified by the seller.

(b) Any use of the goods that is reasonable under the circumstances is
not wrongful as against the seller and is not an acceptance, but in an
appropriate case the buyer is obligated to the seller for the value of
the use to the buyer.

In article , "Steve B" wrote:

Boy could you ever get yourself in a pickle easily. Oral agreements are
very
often found as enforceable as written contracts.


What planet are you from? On this one, paper ones are very difficult to
enforce.

Oh, that's silly. I deal with thousands of contracts per year
in business and at home. Most work out fine. Issues and even
disputes arise from time to time but those are generally
resolved very quickly.

Yes, there may be more shady characters out there than you
or I would like. But most of the time, contracts, even verbal
ones, work and are enforcable.

Interestingly, in this case, Home Depot appear to have diverged
from their own written policies and (in my experience) their
customary behavior. Perhaps the OP did not tell the whole/true
story but it's just as likely that a poorly trained, minimal
wage employee screwed up. In the latter case, it is clearly
Home Depot's responsibility.

Of course, all bets are off if this purchase was a special
sale item sold on a receipt clearly endorsed with something
to the effect of "no returns".

If the OP has fairly represented the details of this
transaction, he will most likely prevail in, say, small
claims court. A courteous conversation with the local
store manager may resolve the issue even faster.

One thing I would do in his situation is to ask for a
written copy of the store's returns policy -- there is
a rather poorly written one on www.homedepot.com. Follow
the link Customer Service | Return Policy which does appear
to address (rather poorly) the in-store policy as well as
the on-line policy.

If the OP has misrepresented the facts, there's little
point in all of us pontificating on what might have
happened.

--
|~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~|
| Malcolm Hoar "The more I practice, the luckier I get". |
| Gary Player. |
| http://www.malch.com/ Shpx gur PQN. |
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~

On Thu, 15 Feb 2007 23:49:40 +0000 (UTC), (Stacia)
wrote:

"z" writes:

refund. What I didn't expect is that they would scan it and tell me
they don't carry that item, and I must have bought it at Lowes. ??

Heh. I've had that happen at other stores (not Home Depot, I don't go
there much) and it's a pain. Wal-Mart used to do that to me all the
time. The funniest was when I tried to return a lamp in a box with a
pre-printed Wal-Mart price tag on it... seriously, I don't think K-Mart
was selling stuff with "Wal-Mart" on the box.

length. All the 1/2 and 3/4 inch long bolts had vanished, in 3
hours. ????

Why is Home Depot trying to Gaslight me??????

I thought I was the only one who ever use that phrase!
Home Depot re-arranges stuff too much, IMHO. We got some bags of
garden gravel a few years ago, went back the next day to get some more,
and they'd moved them to another aisle. They must be bored to be moving
rocks.

Stacia

That's what Wal-Mart did in the pharmacy dept. a few years ago.
Certain items would be in a different place each week for months.
--
Mark Lloyd
http://notstupid.laughingsquid.com

"Unlike biological evolution. 'intelligent design' is
not a genuine scientific theory and, therefore, has
no place in the curriculum of our nation's public
school classes." -- Ted Kennedy

Edwin Pawlowski wrote:
"z" wrote in message
oups.com...
I thought this said "Donut Shop Home Depot". Now there's a store I
would shop at.

What? Home Depot has donuts? I'll be there tomorrow morning. I'd never buy
an appliance there, but I like jelly donuts.




With the people who hang out in the parking lots in the morning, they
could make a fortune selling tacos.

Barney wrote:
"ebayer" wrote in message
ups.com...
I went to home depot on 1/23/2007 and purchased a Maytag Washing
Machine.When I got home my old Maytag started to work again.
I went back and cancelled the order.
On 2/9/2007 it died so I went back to Home Depot.
I had them look up my purchase and they reissued the the Item.


Today 2/13-2007 it was received but little did I notice that
they substituted with a different model that they assure me is the
same.


It is not the same and has no delicate wash plus a multitude of
other amenities.


what do you wash that is so delicate?




Not exactly the point.

wrote:
On 13 Feb 2007 17:09:16 -0800, wrote:

It's not up to HD to decide to switch models on a buyer and send
something else. If he ordered one model and they wanted to sub
something else when he replaced the order they have to ask if a
different model is acceptable.
They don't do that. They don't put things on hold.
Well excuse me. It would require all of a few mins to look up the
customers number and ask them if the sub is acceptable.

Nonsense.
In this day and age even catching a customer at home is difficult and leaving
callback messages is a huge PITA for stores.

Most customers would want to see the new machine first. Retail stores NEVER phone
about subs. These decisions are based on psychology. Customers are far less likely to
reject a sub once it's on their doorstep.



And that, is bad customer service. To ram an inferior item down a
customers throat because he might be too timid to complain is out and
out fraud.
If this occurred exactly the way the op says, that is.

test. ignore.

"wicked" wrote in message
news:u77Eh.14723$PD2.9163@attbi_s22...
wrote:
On 13 Feb 2007 17:09:16 -0800, wrote:

It's not up to HD to decide to switch models on a buyer and send
something else. If he ordered one model and they wanted to sub
something else when he replaced the order they have to ask if a
different model is acceptable.
They don't do that. They don't put things on hold.
Well excuse me. It would require all of a few mins to look up the
customers number and ask them if the sub is acceptable.

Nonsense.
In this day and age even catching a customer at home is difficult and
leaving
callback messages is a huge PITA for stores.

Most customers would want to see the new machine first. Retail stores
NEVER phone
about subs. These decisions are based on psychology. Customers are far
less likely to
reject a sub once it's on their doorstep.



And that, is bad customer service. To ram an inferior item down a
customers throat because he might be too timid to complain is out and
out fraud.
If this occurred exactly the way the op says, that is.