werner@ut-ngp.UUCP (03/02/84)
RRRRaaaaiiid..... pffffff .... ( used up another can ..... ) PRODUCT FLAW IS RULED BASIS FOR REFUND ====================================== ( Austin American Statesman - March 1 ) A ruling by the Texas Supreme Court Wednesday opened the door for consumers to get refunds rather than replacements for faulty products. The court ruled in favor of Nathan Gappelberg of Dallas, who wanted his money back for a large-screen TV that never worked properly. Gappelberg sued the store after a TV set he bought failed to work properly. Several unsuccessful attempts were made to fix the set, and GAppelberg asked for a refund. The store management refused, but offered a replacement. Gappelberg lost 2 attempts in lower courts to force the store to give a refund. But the Texas Supreme Court ruled that Gappelberg was entitled to his money. Clyde Farrell, assistant chief of the attorney general's consumer protection division, called the ruling "very significant" for consumers. But before rushing out to demand a refund, Farrell said, consumers should be aware of three things: o the defect must "substantially impair" the value of the product o the defect must be brought to the dealer's attention within a reasonable time after it is noticed o the consumer should check the warranty on the product carefully. Many limited warranties have a provision that, in effect, causes a consumer to sign away his right to a refund instead of a replacement.