[net.consumers] Texas Supreme Court ruling favors consumers

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.