B&H / Retrun Of Defective Goods Question

[robert_j._triffin]

Re: "Did BH Keep Your money Tell Me Please"

 

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As follows, B&H must accept your return.

 

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As a seller of what the law calls "goods", B&H "warrants" - that is a legal term for "promises" - that the item is what it purports to be and that it will work for its intended purpose. So, when you buy something that does not work as it is represented, the law is long settled that a seller violates its common law duty; that it owes to all purchasers on goods as to the fitness for their intended purpose. This duty of fitness can only be waived if goods are sold on an "as is basis", and if you expressly agree to such waiver either by your words or your conduct.

 

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Please distinguish between "B&H's" return policy for "goods" that function properly at the time of your purchase, and "goods" that never worked properly. In this regard, as to properly working "goods", B&H can refuse to accept gooods with missing CPU codes. However, your case of a defective product whold not apply to any claim that a missing CPU sticker preempts B&H accepting your return of its defective product.

 

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For your reference, the New York - City and State - consumer fraud departments will "wring" B&H's neck if they sold you - either knowlingly or unknowlingly - a defective product and if they refuse to either refund your purchase price or give you the same item in a new working condition.

 

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You have a valid claim, do not allow yourself to be intimitated by the B&H return department.

 

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"The Honorable,"

[alec1]

Hold on just a minute. If the purchaser damages the product

independently while in his possession, I would argue no refund is

due. The purchaser still has the manufacturer's warranty to fall

back on, but he has violated the terms of B&H's return policy when he

mutilated the box and tried to swindle the manufacturer out of a

rebate. I don't think it's any leap to tie his submission of the

rebate request with his being deemed to have accepted the product. I

hope B&H will stand their ground. Crooks like this don't need to be

rewarded. I think you're putting the "white hat" on the wrong

party. The law protects sellers too, you know.

 

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What makes you so "Honorable" anyway?

[xman]

Kind Sir:

 

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I purchased goods at B&H (enscaps for a 90mm Schneider

SuperAngulon, and a 15" TeleOptar) and the WRONG SIZE caps

FRONT&REAR were sent to me TWICE. I called B&H Returns

Department got an RMA and had no problems whatsoever

returning the lenscaps for a full refund including SHIPPING

BOTH WAYS, 2-TIMES!!

In the end I just purchased LENSWRAPS at a local MART, and

saved myself a 3rd RETURN.

 

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Maybe it is the way you have to coax the refund out of them, but if

you are NICE to them, they are usually NICE BACK.

 

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Their Bark is Worse Than Their Bite <u>

 

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xman

[robert_j._triffin]

The issue presented is: If a product is defective at the time of its

sale must aretailer replace it or its purchase price? Certainly, the

customer may not retain the manufacturer's rebate if a refund of the

sale price is made by the retailer.

 

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Seperately, no retailer with any "smarts" would argue with a customer

as to the legitimacy of a request to exchange a purportedly defective

product. Please do not confuse a defective product at the time of

sale with a product that fails to function after it has been put to

use.

 

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As to my being Honorable, that is how most people address me during

the day.

 

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Very Truly Yours,

[michael_feldman1]

Mr. Triffin is ruled "out of order" for starting a new thread,

instead of adding on to the original one (so that the rest of us will

have some idea of what he is talking about). This violation of common

Internet etiquette preempts Mr. Triffin�s dubious claim that he

actually knows actual about commercial law. Case dismissed.

[michael_feldman1]

Xman is hereby sentenced to 30 days probation for turning the

underline html tags on, and forgetting to turn them off.

[kevin_kolosky]

Your Honor

 

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I do believe we are speaking about UCC 2-513 Buyer's right to

inspection of goods, and 2-601 Buyer's rights on improper delivery,

and 2-313, 2-314, 2-315, and 2-316, all of which deal with various

forms of warranty and exclusions and modifications thereof. Maybe

those numbers are different in other states, but if I recall the UCC

has been adopted by 49 states and is quite universal.

 

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So, for all of you having problems with B & H, go on the internet,

find New York statutory law, go to the section dealing with sales in

the Uniform Commercial Code, and see what it has to say.

 

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Kevin

[matthew_runde]

</u>Test.

[michael_feldman1]

Thank you Mathew.

 

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It is common practice in consumer retail purchases that defective

goods may be returned to the retailer for replacement (usually within

10-30 days of original purchase) if the original packaging (including

UPC proof of purchase) and sales receipt are presented to the

retailer (along with the defective goods). The requirement that the

UPC proof of purchase be returned is to protect the manufacturer of

fraudulent activity with regard to rebates, and fraudulent warranty

claims on identical goods that are out of warranty. The manufacturer

will not reimburse the retailer for the defective goods unless these

items are collected from the customer.

 

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The above �rules� established by the retailer and manufacturer, which

still allows the customer to get the item repaired by the

manufacturer�s warranty even if the UPC code is missing, seems

reasonable to me, and I believe is accepted by common law in most

locations. I do not believe that this particular situation is covered

by the UCC, especially since the return policy of most retailers is

adequately disclosed.

[chad_jarvis1]

Sounds to me like someone has an axe to grind. I don't think the

post belongs here anyway. (Oh, and learn HTML, so someone else

doesn't have to type slash ewe for you next time.)

[david_goldfarb]

Whatever the policy is, did you actually have a problem with B&H in

this regard? I've had to exchange a couple of items over the past few

years, and they've taken me at my word that they were defective

without too many questions.

[dan_smith]

If the "honorable" has anything at all to do with "the Law", then it

is a title bestowed, not earned. "The Law" is the most corrupt bunch

of jackasses ever invented, led by those who preside over the courts.

 

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Quit bitching about B&H & support your local camera store.

[jorge_gasteazoro4]

Well I dont know what pissed you off so much, I had to return a Jobo

CPA2 with lift because the one they sent me was defective and I had

no problem getting a RMA# or getting my money back. I have been a

long time customer of them and wrote them a letter to that effect, it

was a polite letter and they were very prompt returning my money.

Perhaps you behaved like a jerk and they answered in kind.

[r.l.__mac__mcdonald]

B & H is just moving into the "Modern World", I have no complaints

with B & H and have always been satisfied with thier service. But

like the rest of the World, I noticed that my last return was not as

easy as the first. If only it were just B & H. It seems that

everywhere we go we are subjected to "Poor Service". Have you been

out to Dinner? When we find good "Old Fashioned" Service most of us

are shocked! My Grandfather who just passed, told me that this is

a sure sign of "Old Age" setting in. However my 16 year old daughter

complains all the time about poor service...... So go figure...

 

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"For your reference, the New York - City and State - consumer fraud

departments will "wring" B&H's neck if they sold you - either

knowlingly or unknowlingly - a defective product and if they refuse

to either refund your purchase price or give you the same item in a

new working condition."

 

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As far as the above statement, I can only suggest that "The Honorable

Robert J. Triffin" must be sitting on a PARK Bench if he thinks that

the NY "CFD" gives a shit! They are no different than any other

State "CFD" and like most people that are behind a Sales Counter or a

Judicial Bench they have forgoten who the customer is.

 

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Submitted with respect,

 

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Mac

[alec1]

Here's part of the original thread: "Here's the catch 22, the

salesman says clipout the UPC code to get a rebate. The camera or

what ever is sent to you defective They say too bad, the box is not

as new So.. NO REFUND, kiss your money good buy."

 

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As for "The Honorable" Tiffin, he's probably a two-bit traffic judge

who, by having been appointed by his uncle, thinks he's GOD since he

can tell everybody to shut up in his courtroom. Here, he's having a

problem with people who know as much [and probably more] than he does.

So much for "de Judge".

[xman]

I regretfully am writing again. I understand now that at issue was

not the returns department, and in general making a return, but

rather to say not being able to make the return because the

shipping department sent a box without valid proof of purchase.

I imagine if this was brought to the attention to the Manager of

the store, or the Manager of the Shipping Department, and you

did not BARK at them like a PITBULL, perhaps you might have

gotten your money refunded.

 

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Sometimes people who work in stores pay less attention to

people that make a loud SQUAWK, but instead are more than

happy to assist a different person who is not mean, looking

down their nose as if they know more than you ... BLA BLA BLA.

 

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Yes, there is a 1 in 10 rule: 1 out of every 10 people gives other

drivers a hard time/ is a jerk/ steals money out of a tip-jar to pay

for their $5 latté at a coffee-boutique/ harasses behind-the

counter-help when they do not get their own way ... I could go on,

and on and on and on and on and on and ...... but I am sure you

get my drift.

 

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I when I worked "behind the counter" people even clipped the

UPC Symbols from the box and tried to return the item for

whatever reason they gave ... usually there were 9 pleasant

customers after that.

[s.k. grimes inc]

Robert Triffin is a real, actual lawyer.

 

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SKG

[dmin-99]

So was Marsha Clark - doesn't mean Jack.

[jason_j.]

I have received a defective part from B & H and just wanted them to

send a new, working one. I assume they didn't have anymore because

they refunded my purchase price plus full shipping even though I kept

other stuff that DID work from that shipment. They aren't the best

company in town but they are ONE of the best and usually try very

hard to take care of people... I would endorse B & H if someone

asked my opinion of them...

[matthew_runde]

</u>Another test.