View Full Version : Help!!! What are my legal rights?


rtw1968
03-31-08, 07:08 PM
I have a mistubishi 57" wd37734, 2 days old, lemon, over 10 things wrong with it, called the store and they said no returns, told me to call warranty company.

Says on receipt: must be within 7 days for returns, unused, with box and receipt, I have box and receipt, only 2 days old, but it is used


Yea...but a used lemon.

do i have legal rights here? isnt there a lemon law that over rides their terms for all merchandise? should i contact mitsubishi?

they said they may be open to an exchange but not a refund, well after all these issues and finding out bulb is $350 (sales guy told me $175) not sure I want to risk another mits model.

my luck this month with tvs has been horrible, lol.

any help guys....PLEASE....

walford
03-31-08, 10:19 PM
Thye store sold you a unit that had obviously been returned since it was not working correctly and they sold it to you as an open box supposdly fully working and warranteed unit.
hopefull the store is not just some local store but is part of a nationwide chain so that you complain to the stores headquarters.
If you bought the unit with a credt card then contact your credit card company and requrest that you credit fully for the purchase price.
Of course a letter to the editor of you local newspaper complaing about what the store is not supporting its products would not hurt either.

rtw1968
03-31-08, 11:39 PM
this was not an open box sale, it is a new tv , or are you saying it is a return and they are pushing it off as new? they are very concerned about the box so maybe they do just resell the bad ones.

if i call mistubishi will they know on record if anyone has ever called them regarding this model?

the store is a local little place, i will not post their name.....YET ANYWAY

They have told me if the box is not perfect they cannot return it, period.

only can exhange for same tv, come in without a box , leave with new tv and no box,, ,they are really concerned with the box.

also if i cancel my credit card purchase and still have the tv, I believe that would be theft.

mes444
04-01-08, 11:12 AM
You need to return the tv and then cancel the charge with your credit card company. You are right, you can't keep the tv and stop the charge. It does look like they sold you a return. Can you see a manufacture date on the back of the tv. If it's used and the store sold it as new, they have no grounds to refuse a return.

Do it asap as on your receipt you have the 7 days return policy and your credit card company would require something in writing to back you up.

Good luck with those rip off artists!

walford
04-01-08, 11:15 AM
I misunderstood you when you said it was used. I thought you ment it was an open box unit and not that it was used because you had used it.
Call the credit card company they may refuse to pay the supplier since the unit is defective and the store refuses to take it back. Also your credit card like many others have warranty protection in which case they can put credit on the retailer who sold you the unit.
The unit should have at a least a one year warranty from Mitsubishi, have you called them yet?

Jim Clark
04-01-08, 11:25 AM
Call your credit card company right away. Tell them the receipt says 7 days to return. Is the box damaged?

eganov
04-01-08, 12:16 PM
Hold on here a minute. First of all OP, was the TV represented as NEW? It sounds unreasonable that any company would sell a new TV with those terms. If makes no sense that merely opening it changes it from "new" to "used" and therefore cannot be returned. Without opening the box and at least plugging the unit in how would one know there was even a TV in the box let alone one that worked or wasn't damaged? This wasn't an "as is" sale?

Secondly, you've had the TV 2 days and determined there were ten things wrong with it? Specifically, what is wrong with it? Can you post the receipt? Evidently you agreed to the terms of sale.

What kind of place is this? Some hole in the wall run by a few kids to dump some items or is it a reputable local business?

rtw1968
04-01-08, 12:16 PM
sticker on back says august 2007, store said they will only exhange for same tv and keep the good box since mine is damaged, why so concerned with a box?


how can i find out if someone else bought this and returned?

ib the box was manual, remote, set up paper, emitter thing, a regist. card, isnt there usually more?

dont see a warranty card, or brackets like my sony had.

mes444
04-01-08, 12:34 PM
There is probably a way to determine bulb hours which would let you know immediately whether or not it was used. August 2007 sounds like a floor model or return.

Check in the master thread about your tv for how to check bulb hours.:

http://www.avsforum.com/avs-vb/showthread.php?t=866494&highlight=mitsubishi+wd+57734

A guy there posted:

When you check bulb hours(menu 2-4-7-0) at top you will see initialize-power restore off-production mode off- net command software v370009- digital signal strength n/a, at bottom you will see 00000,this is bulb hours ,but will not say this,just 5 0's

Just don't change anything in the service menu, it can mess up the tv permanently, just look and leave if you're OK with going into the service menu, if not, try going to Mits online registration area and put in your tv's serial # and see what it says.

rtw1968
04-01-08, 12:58 PM
bulb hours=13 hours which is from me, however i am sure this could be reset, called mits and they have nothing on record for this tv except its been in the dealers warehouse, box # matches tv number, it is probably new, maybe just a beat tv, or beat batch...dunno.

i am just trying to figure out the box thing thats all, they said they would gladly return it for another tv the same, if box is good will get tv with box if no box or beat up box they give me a tv without a box, maybe they need to have a box to get there money back from mits?

mes444
04-01-08, 01:01 PM
You're right. It does sound new. Exchange it if it's easier for you and hope for the best. Just try to check the manufacture date and try to get a much newer date. Good luck.

gatorman
04-01-08, 01:29 PM
Your first step is to check the documentation, including the receipt, that accompanied your purchase. Some retailers allow a period of time for a full refund if you are not satisfied with the product. Some don't, and only allow returns/exchanges for defective or damaged products. It sounds like your store's policy is the latter. If that is the case and the policy was disclosed to you prior to delivery, you may be stuck with the tv because you agreed to the terms of the sale.

The second step is to figure out what the problem is with the set: is it defective or you don't like it. Your remedies probably are different depending on the answer to that question.

There may be a state law that supersedes your purchase contract and allows for a return. If so, it would be in your state statutes/codes probably located in a consumer protection area.

Lemon laws generally resolve manufacturer/consumer disputes over defective products, not products that function properly and the consumer is simply dissatisfied with the purchase.

If the tv is defective or damaged, then the store may have to replace it, if required by purchase contract you agreed to. If not, Mitsu will be responsible pursuant to their warranty. Again, check your receipts for the store's responsibility and your state law to determine whether there is a consumer protection law that applies to this type of transaction.

If the ultimate problem is that you don't like the tv for some reason, you're probably going to have to negotiate with the store, manager or owner, to get something that you like. Don't deal with the sales person.

Advice to call your credit card company and cancel, etc., immediately is probably not good advice. Check with the credit card company to determine the return/dispute policies. If the credit company has some free return period and the store agreed to that by accepting the card, you may be able to return the tv. Again, it all depends on the contract. The card may have some purchase protection benefit that can assist in getting an undamaged or nondefective product. If the tv is truly defective and the store has some legal obligation to repair or replace, then you may have a valid dispute that triggers the credit card company's assistance. Again, check with the company.

eganov
04-01-08, 05:17 PM
No offense but you sound rather young and didn't understand the terms under which you purchased this TV or how to address a grievance. Invoking lemon laws and charge-backs is a rather extreme measure given that the seller sounds like they are legally living up to the deal you both agreed to. Personally, I wouldn't buy a TV from a seller with those terms, but that doesn't make them wrong - just kind of customer unfriendly.

You haven't yet said what the 10 things wrong with the TV are. If there is truly something wrong exchange it for a new one. Also, to find out what should have shipped with the TV, just check the front of the user guide. They almost all identify the package contents. Use this as a lesson on what is important to you when buying future products.

rtw1968
04-01-08, 09:44 PM
I did understand the terms which are returns only with box if nothing is wrong with them, is what it says, this is different it was a lemon, and guess what figured I would give them the benefit of the doubt and exchange it for another, same model, etc.

Well

I have a new one not as many issues but still a few:

Very loud fan
Picture flickers every so often
Pictures is concaved, comcast menu wont line up with picture
shreiking horrible horrible sound from speakers, a mix of a locust, tin can and tamborine very very high pitch.

I:

Went through all settings
Had comcast out (twice) new boxes each time
Bought not one but 2 new hdmi cables

Same issues, same model, same place.

I exchanged first one for this one without box, they put old one in new box to send back to mitsubishi, I still have original box to first one but it was ripped a bit.

They were cool to offer an exchange but now this is crazy ...2 tvs bad, their terms are based on working tvs not lemons.

rtw1968
04-01-08, 09:48 PM
Once again so it is clear on terms and I quote their receipt:


"All Returns must be within 7 days and be accompanied by this slip for refund. Returns only on unused items in their original cartons with unfilled warranty cards"

rtw1968
04-01-08, 09:52 PM
Oh the ten things wrong with the old one:

shreiking sound
crackling sound
sometimes no sound
speckles black and white on picture
concaved picture top and sides
faulty remote
loud fan
onscreen notice saying tv shutting down
picture flickering, jumping
takes like 4 minutes to come on, yes i timed it on average 4-5 minutes
chronic popping noises


thats atleast 10 , maybe more

eganov
04-02-08, 10:19 AM
Well, from your first post and per Mit's warranty policy it seems as though the retailer offers exchanges on defective product for the first 90 days. After that it is an issue between you and the manufacturer. They seem to be living up to their end by offering the exchange. They should offer an exchange for the second too if it is truly defective. If you keep getting defective units from the retailer than I'm sure Mit's would be helpful. Also, are you sure of the model number? I don't see any record of a wd-37734. Have you determined that all of those issues are TV related and not cable? You might also want to check out this thread - http://www.avsforum.com/avs-vb/showthread.php?t=866494