werner@ut-ngp.UUCP (03/02/84)
RRRRaaaaiiid..... pffffff .... ( used up another can ..... )
PRODUCT FLAW IS RULED BASIS FOR REFUND
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( 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.