"Repair Only Warranty" - No Refund, No Exchange

[1wildhorse]

the fact remains that if i was legally entitled to return the generator when it was initially found to be faulty,but because of fraudulent/misleading practices by CT,i was under the impression i HAD to get the fukkin thing repaired.obviously if that wasnt so(and i honestly believe that to be the case) then we have a pretty clear case of fraud,and i wont be in any hurry to settle unless they are willing to change the policy.i have already warned their lawyers what will be coming,so they cannot claim ignorance.until the 20th.....

 

[CTH8R]

I'm posting this here, from CT's Facebook page, because we have another consumer who has come to the same conclusion regarding fraud:


Chris M.: HONESTY AND INTEGRITY. Canadian Tire executives could have DONE MORE THEMSELVES!!!!! To all who read this, you'll be interested to know that Canadian Tire committed what is technically FRAUD by lying about the condition of a product at sale, then denying me the ability to return it alleging that I had used the product, despite the fact it sat in a room unused for weeks. Turns out I was sold a used product, and am now forced to swallow the loss because the Manager "found a few crumbs". PATHETIC. I'm a new parent who had decades of potential shopping at Canadian Tire up until today, where I'm clearly on the butt end of a fancy little attempt at fraud to save the corporation $100. An amount that is very difficult for us to swallow, given the circumstances. And to mirror Lexi L.: below, yes, all of the above started with the standard 8 minute, 'Find a Red Shirt' waltz that's part and parcel for EVERY Canadian Tire location. I'm very pleased that I won't be doing that dance any longer.

 

[CTH8R]

Hey! I just noticed that this thread has now moved into the Top Spot, for most-viewed threads!

It has now become the most-viewed thread, surpassing even the totorial on "How to Post a New Thread", that's been on here since the beginning.

There sure is a lot of interest in this topic - I hope it helps some Canadians get the refund they are entitled to - and to avoid these Crappy Stores in the future.

 

[CTH8R]

Another gentleman read Crappy Tire's latest spam, this one on "we want your (only positive) feedback". Paolo decided to instead be honest:


Paolo R.: My problem with Canadian Tire is the return policy. I recently baught a tile saw there and it broke a week later (either a lemon or a poorly made product) . They want to send it away for repairs. This means i have to change my project schedule because of a lamon product. Any other store would have happily exchanged or refunded the item. I now have a new tile saw from Lowes (awsome return policy) and my mastercraft is sitting in the basement collecting dust. What a waste of time and money.

 

[CTH8R]

I don't like to duplicate posts, but I think readers of this thread will want some 'closure' on the generator lawsuit:

ok I have an update.court process was today,and I honestly felt like I was being railroaded by the judge.basically he said that my expenses were unreasonable(I have 3 kids,and he seemed to think that it was reasonable for me to leave my wife and kids home alone with no phone etc.and my argument that hang on if one of the kids was hurt etc. and she couldn't do shit was perfectly ok.)anyway the upshot of all of that was that he didn't seem to think that a 11 hour drive to the courtroom should be punctuated by a nights layover,and the fact ive driven fuck knows how many kilometers is irrelevant.
when I figured that the judge had set aside the default order in the previous hearing(and unknown to myself also makes that judgement invalid,not just set aside to give ct a chance to reply),then I got the distinct impression that things were about to turn even nastier than they were already.
even cts lawyer dropped their previous offer from $5k to $2k based im assuming on what the judge was saying.
hell he even said that he could FINE me if I had no intention of settling at that point.wasnt nice.
so at the end of the day I ended up offering to settle at $5k. the ct lawyer agreed and I now have to release them from my claim.leaves a bit of a nasty taste in my mouth,but hell at the end of it all I managed to eke out $5k for a $350 generator because they refused to exchange/refund me.maybe I could have done things a little differently,but I seriously got the feeling that all was not right there.as it stands,i have not officially released ct from the claim so im under no obligation whatsoever to censor what I really think,and I believe that ive said that here.
anyway lesson learned.NEVER BUY SOMETHING FROM CANADIAN TIRE THAT CARRIES A REPAIR ONLY WARRANTY.
obviously once ive signed the release I will no longer be able to legally comment on the matter,but believe me I will be voicing my opinion on any matter that does not directly concern this!!

Hi, 1wildhorse:

Congratulations on the successful outcome of your lawsuit!

You bought a crappy $350 generator, that was misrepresented as being functional, and you were able to file a lawsuit and get $5,000 in compensation. That's terrific!

(I, too, am disappointed that the judge didn't want to award you the full cost of your family to travel, etc. I suppose the onus is on the plaintiff to 'mitigate the damages' by not incurring extra costs that could have been avoided. I see your point about your family, but it might be a bad precedent to allow too much cost in that way? I.e., it wasn't the defendant's fault your family had to travel with you? Just an idea).

I think this a good example of why we don't hear more about lawsuits such as yours, when Crappy Tire ignores Consumer Protection laws, and leaves their customers stuck with the defective products.

Our legal system tries to get people to settle 'out of court', so the guilty party can make an offer, and as long as the judge thinks it's reasonable, the judge can pressure the customer to take the offer.

So, as long as Crappy Tire is willing to open their wallet for each case, they can avoid having their dirty laundry exposed in open court, and end up on CanLii. This works well for each individual consumer, and of course it allows Crappy Tire to keep telling consumers "sorry, no refund".

But in the bigger view, the system isn't working, because CT is being allowed to just refuse to give the next customer the required refund for the next defective generator, etc.

Regarding the 'fraud', I think I posted about that. Civil court is really not set up to address a criminal matter. You might consider going to the police with your judgment (can your agreement prevent you from reporting a crime? I think they can't do that!) And if the police won't listen, you can try a Justice of the Peace, who could start an action if there is evidence of a crime.

Oh: one last thing - were there any details or statements from the judge that back up the "illegal" aspect of CT's actions? For instance, did the judge quote any specific sections of the CPA or SOGA? That might help others with their cases!


You've already heard from highborn. And I, too, am very proud and thankful that you invested your time, effort and money, with the noble goal of righting an obvious injustice, for the benefit of all Canadians. Your story has also informative and educational.

(I see that the only people who will be happy that it didn't go to court, is The Moaner - no surprise there - what's bad for their victims is good for The Moaner!)


Well, thank you very much, 1wildhorse, for all your efforts, on behalf of your fellow Canadian consumers! Your posts and insights will be very valuable to those who fall victim to this Crappy rip-off!

 

[1wildhorse]

thanks for your kind words.....
i already reported it to the anti fraud centre,and the police a couple of months ago,and guess what another loophole.the complaint falls under the bracket of corporate fraud,but because each individual case is less than the minimum($100,000 i believe),there is no branch of the RCMP that can even investigate.
the judge said if i wanted to bring in a possible allegation of fraud,then i wouldnt be able to until it went to trial,and then proceeded to tell me that he would possibly FINE me if i didnt want to settle at the conference....i believe if i had more time to think,and didnt feel pressured,then i would have made a different decision,but whatever,CT agreed to pay $5000,and i believe this is legally binding,so as far as im concerned,matter closed.

 

[CTH8R]

Another victim. Spread the word!


Richard M.: canadian tire SUCKS ! they stole from me dont let them do it to you. they dont take care of customers when you purchase a defective item. nail gun didnt work and they wouldnt exchange for a new one they wanted to send it out for repairs it was brand new 6 days old didnt work right out of the box. I didnt pay for a new tool to have to have it repaired right away .they scammed me dont let them steal from you its very UN CANADIAN. as most Canadians are honest just not canadian tire . and they wont go out of their way to solve the problem. as far as they are concerned its my problem . they got me 180.00 bucks and thier defective guns from me. share this with your friends so it doesnt happen to you !

 

[CTH8R]

Do you think this is a real Owner, posting on CT's FB page?


Pat J.Y.: sorry, but in my store. We do not demand you have receipts, trust is what keeps customers happy.


Well, even if (as they claim) they don't use missing receipts as an excuse to deny legitimate returns, I bet they still use the "Exchange Only" and "Repair Only" policies as an excuse to deny refunds.

 

[CTH8R]

Another victim:

Jeremy R.: bought a bug zapper last summer and didn't know it needed certain things to make it work tried to return it to canadian tire and was told I would have to send it back to the company that made it what is that????? where I come from if you have a reciept and wanna return something you can not be told to return to vendor now I'm stuck with 100.00 bug zapper sitting in my basement brand new collecting dust!

 

[1wildhorse]

Another victim:

Jeremy R.: bought a bug zapper last summer and didn't know it needed certain things to make it work tried to return it to canadian tire and was told I would have to send it back to the company that made it what is that????? where I come from if you have a reciept and wanna return something you can not be told to return to vendor now I'm stuck with 100.00 bug zapper sitting in my basement brand new collecting dust!

hmm sounds like deceptive practice to me.was he informed that the zapper needed other stuff to actually make it work?my guess is probably not.

 

[CTH8R]

The following question and answer were posted in the Dealer thread at https://www.canadiantiresucks.net/g...67-whats-deal-owners-dealers-2.html#post10506

actually on this subject id like to ask a question for mr owner(as if he will ever answer it properly anyway).what do you think of the policies your store gives i.e. the repair only policy?do you think thats a fair policy for customers?and if you were a customer yourself how would you feel if you bought something in theory brand new and it didnt work and it had to go for repair?would you be completely happily doodly about it?

lol properly answer the question? by this you likely mean answer it in a way that suits your beliefs? Well that won't happen but i'll answer anyways.

Part 1. Brand new items should never be sent for repair at the customers penalty. Depending on the item there is usually a 7-30 day over the counter exchange. If it's DOA they will get a new one over the counter during that period, and we deal with the repair. Please do not try to entertain some rant that it never happens and blah blah blah. Has it happened, probably. Does it happen every time, absolutely not.

Part 2. Once a customer has gone beyond the initial period, I see no issue with a repair only policy. Gas powered equipment is the most commonly misunderstood and poorly maintained item among general household users. It's usually only active for 6 months a year, and then has to be seasonally maintained and stored correctly. A large percentage of gas powered equipment sent for warranty repair, is diagnosed as poorly maintained. Spark plugs not changed, fuel left in machines for the off season, air filters not changed, fuel filters not changed.
The second part of that is that most of the gas powered machines have fairly long warranties. So after 2 years use, customer comes back wants a new item, not happening. They go for repair. I can speak to my town and my town only but most of my repairs are back in customers hands same week. Hardly an inconvenience. As I've explained a million times, it's no different then a warranty on an automobile. Something breaks, you drop it off at the stealership, they fix it under warranty. You're without a car for the day, or two or three until the part comes in to fix it, then you get your car back.
It's WAY bigger of an inconvenience to be without your ride, then your lawn mower. lol

In the case of multiple repairs on the same item as is the case with your generator story, If a unit goes back for the same problem three times, another solution should be found. It should also be mentioned that despite your personal beliefs, retailers of gas powered equipment all have the same repair policy. A ton of proof has been offered to this point, which seems to piss you guys off more but oh well. I also know this is the case because the owner of the local repair depot and I communicate on a regular basis and I've been there many times. There are always warranty items from other retailers right along side ours in his shop.

Now go ahead, pick it apart.

This is a good thread to discuss the weirdness of the alleged owner/moaner.

But for the technical details of the devious Repair Only policy are bested picked apart in this thread.

 

[CTH8R]

Ok, The Owner/Moaner sure had a lot to say, and a lot of it was only their own, distorted opinion.

But there is one serious error that should be set straight immediately:

It should also be mentioned that despite your personal beliefs, retailers of gas powered equipment all have the same repair policy.

This is back to the old "it's the same damn policy" lie that we used to read in posts under the names "CT Me" and "Lawguy".

And it's just as untrue now, as it was back then.

(But I have to admire the artistry of the phrase "despite your personal beliefs", as if the written return policies of all these stores is somehow an elusive, philosophical point, and not proven fact!)


Now, the following statement has appeared on this thread many times before, but apparently it needs to be said at least one more time:

*** Every other major Canadian retailer gives refunds for something that is defective, right out of the box ***

- Costco gives refunds for goods defective right out of the box (and for longer periods).

(Here's a link, in case anyone has trouble with Google: https://www.canadiantiresucks.net/g...rranty-no-refund-no-exchange-20.html#post3166.)

- Home Depot give refunds for goods defective right out of the box (and for longer periods).

- Walmart gives refunds for goods defective right out of the box (and for longer periods on some items).


It doesn't take much searching in this thread to find the comparision between all these retailers and Crappy Tire, too.

In fact, the only other retailer whom we even suspect of having a "Repair Only" policy (and even then, only possibly on a few products) was Home Hardware.


Here's another example of the mis-information we have seen before under "CT Me" and "Lawguy":

A ton of proof has been offered to this point, which seems to piss you guys off more but oh well.

That "proof"? Just a bunch of links to irrelevant "warranty" statements (from manufacturers, not retailers).

So be advised:

The only people who Like the Repair Only policy .... are the people who sell you the defective goods.

And then, as we see, they will make up stories, hoping it will look like the other stores suck as much as they do.


Nice going, CT-Me/Lawguy/Moaner1.

Welcome back!

 

[1wildhorse]

is why i shop mainly at costco these days....dont have to worry about bringing back something that doesnt work properly....unlike some(sorry just one)retailer i could mention.of course costco actually carries decent products anyway again unlike a certain retailer i could mention....

 

[CTH8R]

Depending on the item there is usually a 7-30 day over the counter exchange.

Another misrepresentation, I'm afraid.

Certainly there are some items that are "exchange only" policy, i.e., "No Refunds".

I suppose there might even be a few things they sell with a "full refund" - not sure which those might be.

But this "usually" claim? Don't be fooled! There is a HUGE huge number of items "Repair Only" items, and not just gas-powered outdoor equipment. Even electric items can be ROW, like vaccuum cleaners. Even electric irons! Pretty much anything with a motor (and many things that aren't powered) can be ROW.

A quick Google search will show you a bunch, plus watch out for the "Special Warranty" items.

Don't be fooled!!!

 

[1wildhorse]

plus of course as alluded to by the other guy earlier,if you do attempt to exchange/return anything,you have to go through the mill of producing ID,having to answer a bunch of personal questions etc.that none of the other retailers seem to be bothered about.all in all i think i prefer hassle free shopping....

 

[Owner 1]

you just made my morning. CTH8R aka DavidLER. If you're going to use terminology like ROW to imply Repair Only Warranty and use the exact same terminology for the exact same topic on CT Facebook page.

 

[Owner 1]

You just made my morning. While checking out our Facebook page I come across the term ROW posted just a day or two ago, same time that terminology appeared here. CTH8R aka DavidLER. Revealed!

Hilarious

 

[Owner 1]

Just because YOU say its a misrepresentation doesn't mean that it is!
There are VERY few items that have no backing in warranty or repair. Most that are covered by repair, do have a DOA policy for 7-30 days.

I challenge you to an exercise, although I suspect you won't come back with the truth. Call your local Home Depot. Tell them you have a Toro gas snow thrower that is broken after one year. Can you bring it back for a refund or a new unit. They will tell you NO. and give you this phone number 1.800.544.5364 which takes you to Toro call center. They will ask for your name and phone number and then a postal code and direct you to the nearest authorized repair center. In this case, just happens to be the same repair depot that we use for our units. I then asked specifically, can't I just take it back to the store I bought it at? They said no, any repairs or defects are handled by the repair depot exclusively.

Misrepresentation? That would be coming from YOU

 

[CTH8R]

you just made my morning. CTH8R aka DavidLER. If you're going to use terminology like ROW to imply Repair Only Warranty and use the exact same terminology for the exact same topic on CT Facebook page.

Huh?

Not sure what this post has to do with the Repair Only Warranty, but ...

Let's see - what would be a logical abbreviation.

I've seen SOGA for Sale of Goods Act.

And CPA for Consumer Protection Act.

Now what (oh, what?) could we use for Repair Only Warranty .....

 

[CTH8R]

Under this "Repair Only Warranty" thread, the Moaner wrote:

"there is usually a 7-30 day over the counter exchange."

And I wrote, "Another misrepresentation, I'm afraid".

This is correct.

Items with a Repair Only Warranty (as discussed here) do NOT have ANY "over-the-counter exchange".

There is also an implication here that it is "unsual" for products sold by Crappy Tire to have "a 7- to 30-day Exchange Only" policy.

In the absense of a clear definition of what The Moaner thinks counts as "usual", it is hard to see how this claim is justified.

Certainly, there is a grave risk (happy Haloween!) of stumbling upon one of the many hundreds of Repair Only items - it's not like it says so on the web site.

Perhap The Moaner can produce some evidence, for once, on what % of Crappy Products have the dreaded Repair Only policy?

And what exact percentage they consider to be "unsual"?

(Spoiler: I bet it is NOTHING like what a consumer would consider "usual").

Based on many discussions I've had with other consumers, even one, single "Repair Only" product would be considered "unusual" by my fellow Canadian consumers.