either don't like to be findable, or simply have nobody that calls, so never
bothered to get connected. And as to washers- I hauled mine home from Sam's
and installed it my own damn self, thank you.
But having said that- The driver should have been given instructions to get
specific customer permission before they took the substitute off the truck,
if the manager hadn't succeeded in getting verbal permission over the phone.
On Tue, 13 Feb 2007 18:13:14 -0800, Bill firstname.lastname@example.org wrote:
I can show them in my hand what I need and they try to sell something
else. I look at them like they have three heads. All I need is this
compression fitting, in this size.
"Well, it doesn't happen all the time, but when it happens, it happens
On Tue, 13 Feb 2007 17:19:55 -0800, Bill email@example.com wrote:
So you say they are trying to manipulate him into taking something he
wouldn't want if it weren't already there. Well that's a risk they
are taking and when he doesn't want it even after it is t here, HD
should make good, even if they have to pick up the bad machine and
even if they also lose the sale because they no longer have what he
He didn't put the order on hold. He cancelled the order, but then
then he allowed them to reproduce it by finding the previous order
slip**. If they didn't have what was on t hat order slip, they should
have told him. **How often does that happen? When they do reproduce
nad order, and the they can't fulfill the order, they should call him.
Now there might be things he hasn't said that change things, but based
on what we're discussing, he's right.
On Wed, 14 Feb 2007 21:21:12 -0800, Bill firstname.lastname@example.org wrote:
Again you are not a slave to their policies if their policies are
contradicted by the law. For example, they can't have an enforceable
policy that says their products don't have a warranty of
merchantability or fitness for use.
People who think they are subject to policies of stores that are
contradicted by the law frequently tolerate things that the law
doesn't require them to tolerate.
If they deliver a tv, a portable which requires no installation, and
you sign for it before you turn it on, and it doesn't work, they have
to take it back and replace it with a good one or give you your money
back. They can't enforce a policy which says, We're not responsible
for appliances that don't work. Because the law overrides such a
If they do have a policy about substitutions, it is probably written
carefully so that it doesn't actually apply here, but whoever the OP
called wanted it to apply. Or it is ambiguous because it is in fact
very hard to write a policy that foresees every situation (although
this one seems forseeable). But my point is that I'm not claiming
they intentinoally wrote a terrible policy like "not responsible for
appliances that don't work." I expect their policy is reasonable and
fair, but either clear or ambiguous as applied here and either
way,doesn't apply in this case though someone thinks it does.
And it is the store's obligation to know what the law is BEFORE they
If they know it and intend to abide by it, they won't have so many
problems with customers who also know the law. Although if they don't
intend to abide by it, or they just can't manage to unless they are
forced, they will get over on customers who don't know the law and who
On Thu, 15 Feb 2007 11:35:10 -0800, Bill email@example.com wrote:
And that doesn't relate to the issue. I addressed subs in other posts,
and even in the previous one. If the people are satisfied, there is
no problem. If they are not, Sears and HD are liable. If people are
busy, tired, wealthy, or foolish enough to not defend their rights,
that doesn't mean those rights don't exist.
Just an hour ago there was a case on the People's Court, which is the
most authentic of the tv court shows, in which a woman bought a piece
of furniture, and then after the deal was signed, the clerk threatened
to damage her credit if she didn't pay. Of course any store would
likely do that, but it was gratuitous and nasty. She attempted to
cancel the deal, a day later according to her and six weeks later
according to the store.
The owner of the store said "It is our policy that special orders
cannot be cancelled", and the judge said, "Does it say that on the
contract?" And the owner showed that on the contract there were the
words "Special Order" and the customer had signed below that. But it
didn't say that special orders can't be cancelled. The customer was
not required to learn the stores policy. If it wasn't on the paper the
customer signed, she wasn't responsible for knowing it.
And that, is bad customer service. To ram an inferior item down a
customers throat because he might be too timid to complain is out and
If this occurred exactly the way the op says, that is.
On Tue, 13 Feb 2007 13:29:33 -0800, Bill firstname.lastname@example.org wrote:
OK, but then they take a risk for the ones that they ship the wrong
thing too. They still should make good, and they should calculate the
price of making good along with the savings of not asking first for
those who *are* satisfied.
They ask now for home phone and work phone, and everyone has an
answering service of some sort. So it should only add another day at
most. If they answer the phone it might only add another hour, which
will sometimes mean anothr day.
On Tue, 13 Feb 2007 13:02:29 -0800, Bill email@example.com wrote:
He either did or didn't have to, because he said he was assured they
had the same features.
It doesn't say how long after the machine was delivered that he
complained. I'm not sure how long could be considered too long. But
we also have no evidence he waited more than an hour.
On 15 Feb 2007 07:19:34 -0800, firstname.lastname@example.org wrote:
He was told IN ADVANCE about the substitution before HD shipped it.
He took them at their word it had identical features.
It's up to the customer to check if that's true. Who trusts a salesman and
delivery sight unseen.
The customer could have told them to delay shipping until he check out the
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