 GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3
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| reply to dirtyjeffer
Re: [Serious] So tell me guys... You're operating under the false assertion that the only remedy available is what has been provided in an expressed warranty - an assertion that is incorrect. You may have sold appliances, but that doesn't mean you know anything about consumer protection.
As I said, I will give them every opportunity to provide a remedy. I am not unreasonable, and I don't even expect replacement value on the thing. If they don't do something, though, I am confident in the legal remedies available after the discussion I had with the tech. Something like this should never happen under any reasonable circumstances. |
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 dirtyjefferAnons on ignore, but not due to fear.Premium
join:2002-02-21
London, ON | said by Gone:Something like this should never happen under any reasonable circumstances.
if they were that confident that the units would be trouble free for a very long time, the units would come with a 10 year warranty...or even a 5 year warranty...they don't...there's a reason for that.
if it makes you feel any better, i never got to use the 5 year warranty on my front load LG washer...it was $89...i did get to use warranties on other items i have purchased though.
in an event, i am curious to know about these implied "consumer protection" secret warranties you talk about...you are correct, i have never heard of them.
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People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.
- George Orwell |
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PX EliezerPremium
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Hutt River
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| said by dirtyjeffer:I am curious to know about these implied "consumer protection" secret warranties you talk about...you are correct, i have never heard of them.
Most Canadian provinces (including Ontario) have laws called "Sale of Goods Act" or similar, these laws recogmize the concept of implied guarantees of fitness.
For example:
Where the buyer buys the goods for a particular purpose, and the goods are of a type usually sold by the seller, there is a condition that the goods must be reasonably fit for the purpose for which they were sold
I think that a waashing machine that goes Rambo in 16 months is not reasonably fit.
Likewise:
Consumer protection legislation also prevents the waiver of certain implied warranties and conditions awarded by provincial Sale of Goods Acts.
As an example, in Ontario, under the Sale of Goods Act, there are implied conditions in certain specific situations that goods will be of merchantable quality and fit for their intended purpose.
According to the CPA, these implied conditions cannot be waived by a consumer. Additionally, the supplier is deemed to warrant that any services supplied are of a reasonably acceptable quality.
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 digitalfuturSees More Than ShownPremium
join:2000-07-15
BurlingtonON
kudos:2 | reply to Gone
Be sure to do a cost-benefit analysis before going legal as you will not be awarded more than the replacement cost of the washer.
Small claims will cost you $500 minimum to file and enforce any judgement in your favour, as a large company is unlikely to offer anything more than a discount on a new machine bought from them, which will be far less than your loss. Getting a lawyer involved further reduces the benefit of pursuing the matter.
Absent a recall for this defect and/or the company willing to offer a goodwill adjustment, it's generally not cost-effective to take legal action on any loss of $1,000 or less.
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Logic requires one to deal with decisions that one's ego will not permit.
All that is necessary for the triumph of evil is that good men do nothing - Edmund Burke. |
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PX EliezerPremium
join:2008-08-09
Hutt River
kudos:13 | I thought that in Ontario you could file a small claims complaint for $ 75. |
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GonePremium
join:2011-01-24
Fort Erie, ON
kudos:3 Reviews:
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| said by PX Eliezer:I thought that in Ontario you could file a small claims complaint for $ 75. It is, and once I file I doubt it would get to a judgement as they'd most likely settle before it got to that point. I've done small claims in the past, you can do it for far less than $500. You just need to know what you're doing.
Small claims is an absolutely last resort, and so far my gut is telling me that we won't need to take the nuclear option. |
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peterboroAvatars are for posersPremium
join:2006-11-03
Peterborough, ON | reply to digitalfutur
said by digitalfutur: Small claims will cost you $500 minimum to file and enforce any judgement in your favour, as a large company is unlikely to offer anything more than a discount on a new machine bought from them, which will be far less than your loss. It's $275.00 and they will settle after the demand letter or statement of claim unless they are idiots as their lawyer will charge $275.00 for the first hour. |
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