TheLawUser
New Member
- Jurisdiction
- North Carolina
Recently purchased new wood splitter from online store. Splitter was crated, shipped promptly, and required assembly.
I decided to purchase from online retailer - located in another state. It arrived by freight, crated and undamaged. Assembly was easy enough, filled fluids, and began splitting wood. Then I noticed a fine mist in the air... turns out it's a pinhole leak in a weld on hydraulic cylinder. It rendered the product unusable until repair made. I called retailer, and they offered a few options:
Asking retailer if they could just take back, they mentioned typically 'gassed' equipment cannot be shipped, but would 'get back to me'. The did get back to me, after nearly a week, and indicated sorry - they could not accept it back. The above were my options.
They shipped a replacement cylinder, and also refunded $75 - to cover some costs of having someone install it. The replacement cylinder arrived, but it was severely beat up, appeared to be a used or rebuilt part.
I've contacted both retailer and manufacturer about used part, however, they have not yet replied. I believe they expect me to install the used part. My feeling is why should I accept something less than new, working, non-DOA, from any equipment purchased? Further, its now been demonstrated these are inferior products, and I wouldn't have bought it to begin with if they represented it properly. After more careful review of retailer website, they do, in fact, say once equipment is gassed it cannot be taken back. However, I would think that it's assumed a new, working piece of equipment is expected to be received. They never fulfilled their obligation in delivering a new, working piece of equipment.
The total value of this equipment is about $1400. What I'd like to do is return everything to manufacturer - I'd even pay half the return freight (cost of maybe $300 total, or half being $150).
To receive an entire refund, would a small claims court be likely to help in this matter? If not, what would best course of action be?
Thank you!
I decided to purchase from online retailer - located in another state. It arrived by freight, crated and undamaged. Assembly was easy enough, filled fluids, and began splitting wood. Then I noticed a fine mist in the air... turns out it's a pinhole leak in a weld on hydraulic cylinder. It rendered the product unusable until repair made. I called retailer, and they offered a few options:
- Send replacement hydraulic cylinder to me for installation; or
- Take to welding ship to repair cylinder and they would reimburse; or
- Take to authorized repair shop to replace cylinder.
Asking retailer if they could just take back, they mentioned typically 'gassed' equipment cannot be shipped, but would 'get back to me'. The did get back to me, after nearly a week, and indicated sorry - they could not accept it back. The above were my options.
They shipped a replacement cylinder, and also refunded $75 - to cover some costs of having someone install it. The replacement cylinder arrived, but it was severely beat up, appeared to be a used or rebuilt part.
I've contacted both retailer and manufacturer about used part, however, they have not yet replied. I believe they expect me to install the used part. My feeling is why should I accept something less than new, working, non-DOA, from any equipment purchased? Further, its now been demonstrated these are inferior products, and I wouldn't have bought it to begin with if they represented it properly. After more careful review of retailer website, they do, in fact, say once equipment is gassed it cannot be taken back. However, I would think that it's assumed a new, working piece of equipment is expected to be received. They never fulfilled their obligation in delivering a new, working piece of equipment.
The total value of this equipment is about $1400. What I'd like to do is return everything to manufacturer - I'd even pay half the return freight (cost of maybe $300 total, or half being $150).
To receive an entire refund, would a small claims court be likely to help in this matter? If not, what would best course of action be?
Thank you!
