Posted by deb on May 24, 19102 at 07:30:15:
In Reply to: Re: legal matters and right to inspect posted by Evan Lauridsen on November 27, 19100 at 15:10:53:
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: Char-
: Many manufacturer's use various names for the exact same product for marketing purposes. Unless the product is sold to the retailer as "second quality" "as-is" or "slightly irregular" it is typically first quality goods. The fact that a manufacturer offers to different names for the exact same product is not considered fraud or even deception for that matter. While some manufacturers like to increase sales by merely offering a temporary price discount, others will change the name and offer a lower price with a more limited warranty to justify and even greater discount than if one were to merely lower the price on the same product. When a manufacturer, retailer or wholesaler prices a product they take into account both soft and hard costs. An example of soft costs would be warranty service on future claims, re-tooling to keep up with new design trends and so on. This is one reason I believe that cars are so costly to purchase these days because consumers are demanding better warranty coverage, design changes and service (the 12,000 mile 12 month warranty just doesn't work to sell cars anymore).
: So what I am trying to say is that just because a product has a lesser warranty does not necessarily mean the product is poor quality or inferior.
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: Take care, Evan
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: : Evan,
: : Thank you for your detailed reply.
: : The primary defects are shiny lines that look like dried glue running across the grain. All boards are not affected. The lines are various lengths and widths. A couple of boards have dents in them, one has a chip.
: : The Shaw rep said "We will take care of this." "We will provide the material to our dealer and pay for the labor." I didn't misunderstand him. He was here for two hours asking what we paid for installation, talking about what dealer whould be utilized, etc. He stated routing out all these boards with the manufacturing defect would be very expensive. It would be preferable for Shaw to replace the floor.
: : My installer won't install any more Shaw flooring. I contacted him the day the rep left from Shaw when they said they were going to pay for labor.
: : The defects have also been substantiated by my State Farm agent.
: : This floor is called a Promo and had only 5 year guarantee (since upgraded to 15 years) That raised a red flag for me. Prior to its installation I contacted Shaw and spoke to dozens of people. The head of the Hard Surface division assured me this floor was the same or better quality as the Professional Pergo I already have in kitchen and diningroom. Promo is Decades, or so they say. So why call it Promo if it's the same inherent quality in composition and maufacturing as Decades.
: : Thank You
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: : Char
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: : : As others have expressed we are not attorney's so we cannot offer you any legal advice, and even if we were the legal advice should come from attorneys who are in California and most likely ones who specialize in construction or warranty litigation cases.
: : : The rights of sellers is primarily protected under the Uniform Commercial Code (federal laws) rather than state or local laws. To my knowledge most Judges use the UCC to make rulings in such cases. A seller has to right to repair/correct a defect, which would include to my knowledge the right to inspect the goods in order to determine if the product is in fact defective. If I remember the code (its been a while since I have read it) the consumer has to give the seller reasonable access to the product in order to conduct the inspection or repair. Does a one time visit constitute reasonable access? That we cannot answer and quite possibly only the Judge in the case will have the answer to that. But realize that when you go to court the Judge may ask why you didn't