Would you fight for this?

[wanaberetiree]

This is minor $112 worth issue, but I am straggling to make a decision, so asking you

I bought two expensive (~3,500$) zero gravity armchairs in 2012. They came with life time warranty.

Sometime ago they both broke the same way. I contacted the store I got them from, they sent me to the manufacture, I pointed them to the fact that they both broke similarly and it can be a design/manufacturing defect, tried to claim unsuccessfully warranty, they said those parts are excluded (what's included then I thought) etc. etc. so I paid $112 received the parts and replaced them.

That would be all if not a difference in the new and old parts. See attached.

Now I feel that they lied to me and in fact it was a defect that they fixed.

What do you think? Would you fight for this issue?

Thx

 

[Montecfo]

What does the language of the warranty say?

 

[Aerides]

Is the new $112 a credit card charge? Sure, I'd give that a try.
Maybe take some better pics and email the company first, hey, clearly, you've reinforced the product since the original, so, you've resolved a defect, etc...spell it out exactly what you see (don't rely on them to go "oh yeah I can see from your photo....")

 

[wanaberetiree]

What does the language of the warranty say?

See for yourself, that warranty seems to be excluding everything
But the warranty is not the issue, the defect is.

 

[wanaberetiree]

Is the new $112 a credit card charge? Sure, I'd give that a try.
Maybe take some better pics and email the company first, hey, clearly, you've reinforced the product since the original, so, you've resolved a defect, etc...spell it out exactly what you see (don't rely on them to go "oh yeah I can see from your photo....")

Yes it was CC

I exchanged emails but they don't sound agreeable

Would you dispute CC transaction ?

 

[PaunchyPirate]

For $112 I'd probably not bother chasing it with the manufacturer any more. But I'd probably blast them on social media about it. Complete with pictures.

 

[RobbieB]

The clearly added the stiffening stamps, so yeah, I suspect they had a lot of failures. Could this have hurt people?

 

[Sunset]

Lifetime warranty.
Why would it not be covered ?

Perhaps google the brand, see if others had the same problem, maybe it's a safety issue, did the chair fall ?

 

[wanaberetiree]

The clearly added the stiffening stamps, so yeah, I suspect they had a lot of failures. Could this have hurt people?

possibly if broke completely

 

[pb4uski]

It says that it is covered for defective materials for as long as you own the chair.

I don't know if disputing the CC transaction will work since they presumably have that you ordered the parts with your credit card and agreed to pay for them.

Have you escalated this dispute on warranty coverage to higher levels of management?

If they don't relent, then I would tell them that I am retired and have all the time in the world so if they don't give you a credit for the part that you will file a claim in small claims court in California for $112 for your financial damages from them failing to honor their warranty for defective materials for "as long as you own the chair". The fact that they reinforced the part suggests that the original part was indeed defective. If you follow through then they'll spend a lot more than $112 disposing of the small claims court claim.

 

[Montecfo]

The warranty is a "limited lifetime warranty". The first sentence is limited by the later carveouts. "the chair mechanism" is that what broke?

The carefully worded warranty makes clear they knew there would be failures and did not intend to cover them in unlimited fashion for a lifetime.

I would probably drop it unless what broke was not the chair mechanism.

 

[njhowie]

That would be all if not a difference in the new and old parts. See attached.

Now I feel that they lied to me and in fact it was a defect that they fixed.

What do you think? Would you fight for this issue?

Thx

I would contact manufacturer again, tell them that it is 100% obvious what they did, it was clearly a defect that they fixed since the time you purchased yours and you're more than happy to present the parts side by side to your local small claims court and let them decide.

Manufacturer should immediately issue you the refund.


Update: I now see that I essentially posted the same as pb4uski...so that's 2 votes for this approach.

 

[Aerides]

Yes it was CC

I exchanged emails but they don't sound agreeable

Would you dispute CC transaction ?

I would dispute on the CC only after attempting in good faith with the manufacturer. That evidence will also hold up well with your CC vs the company saying "well he never contacted us..."

 

[MichaelB]

The way companies weasel out of lifetime warranties is a never ending source of irritation. In this case I’d file a complaint with the state consumer protection agency or Attorney General, and also the Better Business Bureau. In both I’d make it clear that the company changed the design in a way that appears to acknowledge the faulty part, yet refuses to honor the warranty.

I’d then write to the CEO and politely inform them of the complaints, and ask that they refund the cost of the parts.

 

[street]

The way companies weasel out of lifetime warranties is a never ending source of irritation. In this case I’d file a complaint with the state consumer protection agency or Attorney General, and also the Better Business Bureau. In both I’d make it clear that the company changed the design in a way that appears to acknowledge the faulty part, yet refuses to honor the warranty.

I’d then write to the CEO and politely inform them of the complaints, and ask that they refund the cost of the parts.

I like this approach and if they seem to brush you off that them to small claims court. I bet they fold then.

All you really have to loose is your time and being retired u may have the time.

 

[marko]

I tend to walk away from things like this--heck, I don't even return $30 items that I just bought by mistake because the bother/money ratio just isn't there.

It's not that I have more important things on my plate, it's just my nature to keep my plate as clean as possible. For me, $250 is about where I will start to make the effort but even then, the effort has to be fairly minimal.

Unless you're the type who'll get some satisfaction from winning this one, it just sounds like it isn't worth the time or effort for $112 but YMMV.

DW, OTOH can be a bulldog for $6! She tells me: "when they say it's not about the money it's about the principle, it's really about the money"

 

[CardsFan]

DW, OTOH can be a bulldog for $6! She tells me: "when they say it's not about the money it's about the principle, it's really about the money"

I didn't know my DW had an identical twin (at least where money comes to play).

I am more like you, but she will fight for the last nickel

 

[ExFlyBoy5]

The warranty is a "limited lifetime warranty". The first sentence is limited by the later carveouts. "the chair mechanism" is that what broke?

The carefully worded warranty makes clear they knew there would be failures and did not intend to cover them in unlimited fashion for a lifetime.

I would probably drop it unless what broke was not the chair mechanism.

OP, read this post if you missed it the first time.

And small claims court? The filing fee will probably be more than what $$$ you are out.

 

[Aerides]

oh yeah never bother as far as small claims. But 2-3 emails? Sure for $100 I'd email them then open a dispute on my CC website and upload the pics.

 

[Gumby]

OP, read this post if you missed it the first time.

And small claims court? The filing fee will probably be more than what $$$ you are out.

Probably, but if you win, you get a judgment for damages and costs (e.g. - the filing fee) against the defendant. Enforcing that judgment (ie. actually getting money), however, is a whole other issue. You have to find the defendant's assets and take enough to satisfy your judgment.

 

[street]

OP, read this post if you missed it the first time.

And small claims court? The filing fee will probably be more than what $$$ you are out.

I guess I spoke out of line. I didn't realize the fee would be that much. In a lot of lawsuits thou, a company will loose thousands of dollars to take you to court just to prove that they were right. Spend more then what they win in courts judgements.

 

[ExFlyBoy5]

Probably, but if you win, you get a judgment for damages and costs (e.g. - the filing fee) against the defendant. Enforcing that judgment (ie. actually getting money), however, is a whole other issue. You have to find the defendant's assets and take enough to satisfy your judgment.

Yes, but in reality it's not worth all the hassle over $112. At least it sure isn't to me.

Besides, then there comes jurisdictional issues, what parties to name, does the UCC apply...well, you are a recovering attorney so you know all this.

 

[Aerides]

I guess I spoke out of line. I didn't realize the fee would be that much. In a lot of lawsuits thou, a company will loose thousands of dollars to take you to court just to prove that they were right. Spend more then what they win in courts judgements.

Even if filing was free, for a potential win of $112 you'd still have to prepare your case, get up early, get dressed, go to a courthouse for the day, etc...

bleh

 

[ExFlyBoy5]

I guess I spoke out of line. I didn't realize the fee would be that much. In a lot of lawsuits thou, a company will loose thousands of dollars to take you to court just to prove that they were right. Spend more then what they win in courts judgements.

I don't actually know what the costs might be for the OP as they can vary WILDLY depending on where it's filed. Plus, you have to spend the time to draft the motion, get it filed, serve the parties, go to court...it's not necessarily an easy process. Especially for $112. Again...all just my opinion.

I think negative reviews on Google, Facebook, Twitter etc. would potentially get more action that trying to "get 'em" in court.

 

[Montecfo]

Even if filing was free, for a potential win of $112 you'd still have to prepare your case, get up early, get dressed, go to a courthouse for the day, etc...

bleh

On top of that, I do not see a winnable legal case here.

If you rely on a "lifetime" warranty for relief, the terms of that warranty matter.