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Thread: "Repair Only Warranty" - No Refund, No Exchange

  1. #671
    Senior Member CTH8R's Avatar
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    Re: "Repair Only Warranty" - No Refund, No Exchange

    Actually, we should keep in mind that the terminology of the Consumer Protection Act (the one in Ontario, at least), does talk about an "Implied Warranty" of fitness, to which the Retailer is bound.

    However, it is the Manufacturer (not the retailer), who offers the "Express Warranty" - which is what The Moaner keeps going on and on about.

  2. #672

    Re: "Repair Only Warranty" - No Refund, No Exchange

    Quote Originally Posted by CTH8R View Post
    What I see, is a post that has absolutely no meaningful content whatsoever.

    Just a mash-up of insults and put-down.

    Not even a misrepresentation anymore - just rambling.

    Well, I think the theory of meaningful debate with a Troll, just isn't gonna happy!

    Too bad - I think 1wildhorse was looking forward to going head-to-head on facts and legalities.
    YUP i most certainly was,basically if one or more of the implied warranties is broken by the RETAILER(not the manufacturor),then they have broken the condition of sale(your receipt),and you have every right to demand your money back.....

  3. #673

    Re: "Repair Only Warranty" - No Refund, No Exchange

    funnily enough even his examples are with MANUFACTURORS,and as you say john deere have a 30 day money back guarantee....and they aint even the retailer.canadian tire on the other hand you buy something,get it home,doesnt work TOUGH.....its not cool,to have a no RETURN policy is even worse(i didnt even know you had that on some of your products,i shudder to think what),the repair only warranty goes against the terms of the sale of goods act(which incidentally is actually a LAW not a POLICY),anyway im back to court on thursday so hopefully we will find out a little more about how the JUDGE sees it.....must remember to keep the receipts for all my travel accomodation and food costs so they can be added to the bill.....

  4. #674

    Re: "Repair Only Warranty" - No Refund, No Exchange

    further thought to you mr owner1.all the examples you have provided so far cite manufacturor policies(which in the main are similar),but you havent provided one example from a major RETAILER...and since the sale of goods act governs the trade between consumer and retailer,in all honesty what the manufacturor decides is between you and them and shouldnt be of any concern to the consumer.so if you can provide ONE example of a repair only policy from another RETAILER,just ONE,then that will give me pause for thought.JUST ONE.......
    and im not talking an east indian corner store for dodgy milk thats past its sell by date.

  5. #675

    Re: "Repair Only Warranty" - No Refund, No Exchange

    Quote Originally Posted by Owner 1 View Post
    A mistake to address warranties on a thread titled Repair only Warranty LOL yah that makes sense hahah
    How is it that you know what CT negotiates with suppliers? LOL that's just talking out of your hat.
    and again you refer to the deals between yourselves and the manufacturors....it has absolutely no relevence or bearing on the SALE OF GOODS ACT

  6. #676

    Re: "Repair Only Warranty" - No Refund, No Exchange

    ok ive looked up the sale of goods act
    Sale of Goods Act
    i refer you to 2 parts here,sections 18 and 56.and i quote
    Implied conditions as to quality or fitness

    18 Subject to this and any other Act, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale or lease, except as follows:

    (a) if the buyer or lessee, expressly or by implication, makes known to the seller or lessor the particular purpose for which the goods are required, so as to show that the buyer or lessee relies on the seller's or lessor's skill or judgment, and the goods are of a description that it is in the course of the seller's or lessor's business to supply, whether the seller or lessor is the manufacturer or not, there is an implied condition that the goods are reasonably fit for that purpose; except that in the case of a contract for the sale or lease of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose;

    (b) if goods are bought by description from a seller or lessor who deals in goods of that description, whether the seller or lessor is the manufacturer or not, there is an implied condition that the goods are of merchantable quality; but if the buyer or lessee has examined the goods there is no implied condition as regards defects that the examination ought to have revealed;

    (c) there is an implied condition that the goods will be durable for a reasonable period of time having regard to the use to which they would normally be put and to all the surrounding circumstances of the sale or lease;

    (d) an implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade;

    (e) an express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent with it.

    Remedy for breach of warranty

    56 (1) If there is a breach of warranty by the seller, or if the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not merely because of the breach of warranty entitled to reject the goods, but the buyer may

    (a) set up against the seller the breach of warranty in diminution or extinction of the price, or

    (b) maintain an action against the seller for damages for the breach of warranty.

    (2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

    (3) In the case of breach of warranty of quality, the loss is, unless there is evidence to the contrary, the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

    (4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent the buyer from maintaining an action for the same breach of warranty if the buyer has suffered further damage.

  7. #677

    Re: "Repair Only Warranty" - No Refund, No Exchange

    in other words,in the case of faulty goods that
    (c) there is an implied condition that the goods will be durable for a reasonable period of time having regard to the use to which they would normally be put and to all the surrounding circumstances of the sale or lease
    and when this is broken we can
    the buyer is not merely because of the breach of warranty entitled to reject the goods, but the buyer may

    (a) set up against the seller the breach of warranty in diminution or extinction of the price, or

    (b) maintain an action against the seller for damages for the breach of warranty.

    in other words,what we can do is not only DEMAND a refund,but also take you to court for any other expenses suffered as a result of the appliances failure.
    mr owner you asked me to show you where exactly it said we are entitled to a refund on faulty goods,and i have complied.your turn.

  8. #678

    Re: "Repair Only Warranty" - No Refund, No Exchange

    Quote Originally Posted by Owner 1 View Post
    So again, the Canadian Bar posting has zero reference to a specific law, code, regulation or rule. It simply says ask for a refund or threaten to sue. No indication as to what your rights actually are.

    Go ahead post your links again to Sale of Goods Act and again I will ask for the SPECIFIC section, rule or regulation that states in black and white that a retailer must refund your money if you are not satisfied, or if the item needs to be fixed. Simple task young fellow. Find me those words, or a version of the words that states MUST REFUND MONEY!
    and dont call me young fellow its insulting.

  9. #679

    Re: "Repair Only Warranty" - No Refund, No Exchange

    and therefore i sum up.
    the sale of goods act absolutely indicated that in the case of faulty goods i have every right to REJECT the contract(of implied warranties).this means that i am entitled to a refund.when one of your crappy managers REFUSES to grant me my reasonable request,they are violating the terms of the sale of goods act.
    and so concusion.
    by refusing to refund,you are violating the sale of goods act,which is a law, which means that you are BREAKING THE LAW.therefore your policy of repair only warranty must be ILLEGAL because it directly violates the terms of the sale of goods act.
    PERIOD.

  10. #680

    Re: "Repair Only Warranty" - No Refund, No Exchange

    oh and if you think im wrong here then i have quite clearly libelled your company.please feel free to bring a suit against me.i will even be happy to forward my name and address.the sooner your ridiculous policies are brought out into the open the better as far as im concerned.hell i dont even need a lawyer,its pretty clear to me.if not then why not?maybe because the judge might actually agree with me that your so called policies are in direct breach of the sale of goods act?

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