Legal Question in Consumer Law in New Jersey

Appliance Replacememt vs Repair

Where custom but back ordered kitchen appliance arrives in unworkable. tampered with (serial number removed) condition, having been paid in full for 60 days exeeding the Fair Credit limit to contest, what recourse is really available to force either the manufacturer and/or the vendor to either replace it or refund the purchase price on a timely basis?


Asked on 10/05/07, 7:07 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Appliance Replacememt vs Repair

I don't know what fair credit limit you are referring to but I doubt that it applies. The goods are nonconforming. An appliance without a serial number is unwarrantable and probably stolen. Tell the vendor that the appliance is rejected and that you want a replacement. If that doesn't work, file suit. Be sure to consult your lawyer first because you have responsibilities under the UCC to care for the rejected goods at least long enough to permit the vendor time to pick it up. At some point in this process, consider making a police report based on the removed serial number and let the detectives decide whether they want to take notice.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/05/07, 10:33 pm
Robert Davies The Davies Law Firm, P.A.

Re: Appliance Replacememt vs Repair

The company that you bought it from should respond when you contact them.

If they do not, then you should consider doing the legal things, contacting the police because it may be stolen due to the missing serial number, and contacting an attorney.

Also, try to get your credit card company to reverse this charge immediately.

Keep the thing safe until this is resolved.

The missing serial number tells me you have a real problem.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 10/08/07, 10:57 am


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