Customer Satisfaction Attorney Says Consumer Products Come With An Invisible Warranty!
Something about the video guy set off my internal alarm.
I got the feeling he wasn’t quite on the up and up; you couldn’t count on him to do his job well.
Still, his is one of the few outfits that can transfer video from a European to an American format, and I wanted this tape I own to work on my playback machines.
He called, said it was ready, and I paid and left with it.
The next day I returned with the DVD he had burned because it didn’t work right in my machines. He blamed them for being too old, and the obvious implication was, tough for you, buddy!
“Buy a new VCR!” he chided.
I said, more or less, if you thought there was any chance what you were going to make wouldn’t work on my machine, you should have warned me in advance. Then, I could have made an informed choice, weighing the risks and rewards. In light of the fact you didn’t, you should either refund my money or take another shot at making a video that will work.
Again, he stonewalled.
Finally, I’d had enough.
“Look, you’re straining my patience,” and with those words I reached into my wallet and plunked onto the counter a card.”
“I’m a lawyer, and we can do this the easy way or the hard way. If you like we can take it to Small Claims Court, and the judge will tell you just what I told you, but you’ll miss a half or full day of work.”
Within a minute, we settled the matter, amicably.
There is an implied warranty of fitness and use that comes along with most products. The law provides this; you won’t get it on a printed document that comes with the product.
Call it a guarantee, provided by law. The video guy, by placing into commerce the DVD’s he makes is saying, implicitly, they’ll work for their intended purpose, and they’ll work on your machine.
And they must, or you can rescind your contract; i.e. return an item when you first learn about the defect, and demand a refund.
There are some exceptions such as products that are sold on an “as-is” basis, where you are notified, in advance, that the sale is final.
Don’t be suckered into thinking you’re out of luck just because some blowhard says so.
His intimidation can’t stand up to the law!
Dr. Gary S. Goodman, President of Customersatisfaction.com, is a popular keynote speaker, management consultant, and seminar leader and the best-selling author of 12 books, including Reach Out & Sell Someone and Monitoring, Measuring & Managing Customer Service, and the audio program, The Law of Large Numbers: How To Make Success Inevitable, published by Nightingale-Conant. He is a frequent guest on radio and television, worldwide. A Ph.D. from USC’s Annenberg School, Gary offers programs through UCLA Extension and numerous universities, trade associations, and other organizations in the United States and abroad. He is headquartered in Glendale, California, and he can be reached at (818) 243-7338 or at: [email protected].