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11-23-2011, 11:46 PM
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#51 | | I only answer to my username, my real name is Irrelevant!
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| Sale of Goods Act Quote:
Originally Posted by Sale of Goods Act
Rules as to delivery
33 (4) If under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is set, the seller is bound to send them within a reasonable time.
| they promised October its past any reasonable time
also
The promise for a refund of your deposit stands because of Quote:
Originally Posted by Sale of Goods Act
Agreements through clerks
63 For the purposes of this Act, an agreement made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make contracts of sale or pledge on the agent's behalf is deemed to be an agreement with the agent.
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as for Reasonable Time Quote:
Originally Posted by Sale of Goods Act
Reasonable time
70 If by this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact.
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you could take them to court or mediator if you wish and get this resolved lickity split or show them the act and try to see if they'll cave or go to a lawyer explain your story noting the Act and its sections and get them to call CWA
Or complain to BBB/CPBC
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11-24-2011, 12:18 AM
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#52 | | I answer every Emotion with an emoticon
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you should call up another Coast Appliance store and ask them about special items and refund on deposits.. ask them if they have that certain stove in, if not how long MAX it will take to get to that store...
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11-24-2011, 08:32 AM
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#53 | | Willing to sell body for a few minutes on RS
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| Quote:
Originally Posted by Graeme S  The date on the invoice says Aug 20, they verbally said early October, and it's almost December.
Not trying to start an argument, but... | Exactly, has to be a reasonable time. They can't be like oh shit looks like we won't have that till Dec. 2013 sorry bout that bro and offer no refund.
3 months is more then reasonable time on almost anything.
As far as getting loud in the store it does work most the time. I remember when I bought my first house and the brick was 2 weeks delivering my washer/dryer that I prepaid for 2 months ahead of time. They told me it would be another week after they were already two weeks late and when I bought it 2 months earlier they had told me it was already in stock. I went to the store and snap showed on them, dropped a lot of F bombs and walla, upgraded washer and dryer they had in stock delivered that afternoon.
Also had an issue with home depot about custom blinds. Again snap show, fight with manager. At one point he asked me if I was telling him how to do his job? I told him someone had to because he didn't know how. He looked like he wanted to fight me in the parking lot but at the end of the day I got what I wanted.
It's not like I fly off the handle for anything but sometimes it reaches a point where it's the only way to get a reasonable end to a problem. The retailers are always going to be looking out for there interest so sometimes you have to do what you have to for yours. In my line of work if I'm not willing to fly off the handle once in a while people will walk all over me. I'm all for being nice and treating people how I want to be treated until they try and fuck with me and push boundries.
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The world ain't all sunshine and rainbows. It's a very mean and nasty place... and I donīt care how tough you are, it will beat you to your knees and keep you there permanently, if you let it. You, me or nobody, is gonna hit as hard as life. But ain't about how hard you hit... It's about how hard you can get hit, and keep moving forward... how much you can take, and keep moving forward. Thatīs how winning is done. Now, if you know what you worth, go out and get what you worth. - Rocky Balboa
Last edited by quasi; 11-24-2011 at 09:05 AM.
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11-24-2011, 08:48 AM
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#54 | | The RS Freebie guru
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| Quote:
Originally Posted by BMW M5 Seriously, for 1100 bucks you are better off asking them for a store credit or something like that. You can still see if any of your friends and family needs new appliance and give it to them for 1000bucks to make them happy.
If you go in there to make a scene, it will just make you look bad and you might even make them want to stand their grounds even more. | Make you look bad? To whom? To the store manager? Who gives a crap?
Might make them want to stand their ground even more? How much more ground can they stand when they are flat outright refusing to give a refund?
It's a matter of principles here. As a consumer, you should not have to accept getting screwed over and take it with a smile.
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11-24-2011, 09:13 AM
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#55 | | Willing to sell body for a few minutes on RS
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| Quote:
Originally Posted by BMW M5 They didnt cheat him of his money since they will give him his stove when it comes in. Also there is no such thing as a set delivery date for a special order appliance, you usally get a ETA from them 99% of the time. | So you don't think there is a reasonable time frame in which Coast should have to deliver the product?
Customers should just sit by and wait?
Dude, FIVE MONTHS from the original date of order is pretty fucking unacceptable. (Two months for the original estimated delivery Aug-Oct PLUS 3 more months of Oct-Dec). Did Five-star have to smelt the fucking steel themeselves?
So if Coast came back and said "Whoops we made another mistake, you're looking at Mid February" that the OP should just take in the rear because he "signed the deposit statement"?
In my line of work, if we miss a projected deadline by 3 months there are potentially huge legal and financial ramifications.
OP: I bet if you took this to small claims, you would win.
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Last edited by Great68; 11-24-2011 at 09:42 AM.
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11-24-2011, 10:38 AM
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#56 | | Banned By Establishment
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I'm also going to say that I can't imagine this would be an issue for someone with a builder's account.
Picture this:
"I'm sorry, you can take possession of your $800,000 home, but you can't cook in it until december. Oops!"
Hell, I get people sniffing for a discount if I go a day over budgeted time.
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11-24-2011, 10:55 AM
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#57 | | Willing to sell body for a few minutes on RS
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| Quote:
Originally Posted by Gridlock I'm also going to say that I can't imagine this would be an issue for someone with a builder's account.
Picture this:
"I'm sorry, you can take possession of your $800,000 home, but you can't cook in it until december. Oops!"
Hell, I get people sniffing for a discount if I go a day over budgeted time. | Yeah, I was thinking of that exact scenario as an example. BMW M5 has posted on Revscene that he's a home builder... He of all people should know that wouldn't fly.
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11-24-2011, 12:19 PM
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#58 | | Banned By Establishment
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| Quote:
Originally Posted by Great68 Yeah, I was thinking of that exact scenario as an example. BMW M5 has posted on Revscene that he's a home builder... He of all people should know that wouldn't fly. | I shop for my appliances when we start framing the house. We always try to pick something that is in stock, but if the home owner insist on the one particular model that is not in stock. We would make sure to order it and pay extra for freighting it when its ready instead of waiting for a bulk order. If it is backordered or in a rare case that it still doesnt arrive in time we would then pick out something different. Even if the product is in stock, we would place a deposit to have them to put it on hold until its ready for delivery.
I started a new house on the west end and just finished with the excavation. So far I have ordered all the windows, exterior doors, trusses, plumbing fixtures and picked out all the appliances. I like to be prepared and make sure I order everything well in advance of time.
However, I do agree that 4 months is a little long to wait for the stove. From my experience it usually takes anywhere from 4-10 weeks for special order items to arrive.
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11-24-2011, 12:39 PM
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#59 | | WOAH! i think Vtec just kicked in!
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| Quote:
Originally Posted by Manic! You payed a deposit and received no product. Call Visa. | He put a deposit on a product, and then did not purchase said product.
Unless their is a clause in the contract that specifes if coast cannot deliver the product on the agreed upon date you will get your refund back, SOL.
Without writing, the chances are slim that you will get your refund back. Sorry.
__________________ Quote:
Originally Posted by Graeme S More than half of the problem is stupidity, not malice. | | |
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11-24-2011, 03:12 PM
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#60 | | nuggets mod
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I've talked to my lawyer about the Sale of Goods act and he said that it will still be difficult based on the verbal agreement I was given. He consults with me for free, but as soon as I get him involved by sending them emails or calls, of course, it's time to pay up.
I do agree with many people in this thread that have said I would probably win in small claims court based on the verbal promise as well as the 'reasonable' time frame (close to 5 months hardly seems reasonable).
Visa is more than willing to put in a dispute for me, but said that it would be tough since the only written evidence they have is the invoice.
BBB is ready to process my complaint (I talked to someone, now I have to file it online).
Coast has offered me a store credit for the full amount, but I think I'm going to try for half in store credit and half as a refund. If they do that, I'll probably just put this to rest.
I know this is kinda like i'm giving up, but I really don't feel like starting a court case especially as we head into the Christmas season..
Thanks everyone for the advice so far.
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11-24-2011, 05:05 PM
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#61 | | Everyone wants a piece of R S...
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You know Coast does not make the appliances...the manufacturer does. They have no control over these things. They can look at the computer and system gives them you an estimated date. Estimated...If the manufacturer decides not to do it than it gets postponed longer.
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11-24-2011, 10:21 PM
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#62 | | Willing to sell body for a few minutes on RS
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Coast Represents their suppliers and should be keeping communication with them to be informed if supply hiccups will occur. Realistically if the manufacturer fucked up, they should be paying the express freight charges.
If my suppliers shit the bed getting me stuff I need for a job, my customers get on MY case to fix it. Guess what, that means I get on my suppliers case and usually that means I make them expedite the items at THEIR cost.
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2008.5 Mazdaspeed 3
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2014 F150 5.0L XTR 4x4
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11-24-2011, 10:25 PM
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#63 | | To me, there is the Internet and there is RS
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| Quote:
Originally Posted by SuperAman You know Coast does not make the appliances...the manufacturer does. They have no control over these things. They can look at the computer and system gives them you an estimated date. Estimated...If the manufacturer decides not to do it than it gets postponed longer. | Then give the man his money back.
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11-24-2011, 11:58 PM
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#64 | | Everyone wants a piece of R S...
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| Quote:
Originally Posted by Manic! Then give the man his money back. | Now why should he get his money back? The reciept clearly said NON REFUNDABLE DEPOSIT.
No where did it say the range is going to arrive at this date. It said estimated date. Shit happens sometimes. Also COAST appliances is a multi-million dollar company. Going to the BBB or stuff like that won't do anything but piss them off more. These guys do hundred thousands of dollars with big builder contracts, they won't care about a 1200 dollar customer.
I do agree with Great68..they should've done better to keep the communication better
Last edited by SuperAman; 11-25-2011 at 12:07 AM.
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11-25-2011, 12:06 AM
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#65 | | ninja edits your posts without your knowledge
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| Quote:
Originally Posted by SuperAman Now why should he get his money back? The reciept clearly said NON REFUNDABLE DEPOSIT.
No where did it say the range is going to arrive at this date. It said estimated date. Shit happens sometimes. Also COAST appliances is a multi-million dollar company. Going to the BBB or stuff like that won't do anything but piss them off more. These guys do hundred thousands of dollars with big builder contracts, they won't care about a 1200 dollar customer. | If this is the case, why not just give the guy back his money and be done with it instead of dragging it out?
No only is it a pain in the ass but they get bad rep from it.
And shit also doesn't happen for 5 months. ETA + 1 month, I would've accepted. Hell, even that is borderline unacceptable but a whole 2 months ontop of 3 months? That's completely unacceptable.
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11-25-2011, 12:07 AM
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#66 | | I only answer to my username, my real name is Irrelevant!
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| Quote:
Originally Posted by SuperAman Now why should he get his money back? The reciept clearly said NON REFUNDABLE DEPOSIT.
No where did it say the range is going to arrive at this date. It said estimated date. Shit happens sometimes. Also COAST appliances is a multi-million dollar company. Going to the BBB or stuff like that won't do anything but piss them off more. These guys do hundred thousands of dollars with big builder contracts, they won't care about a 1200 dollar customer. | 1) they broke the contract the stipulations of it is forefeit
2) an employee said he would get a refund
3) its the law based on the above that he's entitled to a refund
(did u not read the Sale of Goods Act i linked/quoted....)
companies break the rules all the time and they think/know most people will just cave in because they dont want to go through the hassle of sticking the law to them
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11-25-2011, 04:50 AM
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#67 | | Willing to sell body for a few minutes on RS
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| Quote:
Originally Posted by SuperAman Now why should he get his money back? The reciept clearly said NON REFUNDABLE DEPOSIT.
No where did it say the range is going to arrive at this date. It said estimated date. Shit happens sometimes. Also COAST appliances is a multi-million dollar company. Going to the BBB or stuff like that won't do anything but piss them off more. These guys do hundred thousands of dollars with big builder contracts, they won't care about a 1200 dollar customer. | Just because it says non refundable doesn't mean thats a blank cheque to take as long as you want. What if they tell him they won't have it until next Christmas? Does he just have to wait and have no option for a refund?
Reasonable time is a word thrown around a lot for a good reason.
__________________
The world ain't all sunshine and rainbows. It's a very mean and nasty place... and I donīt care how tough you are, it will beat you to your knees and keep you there permanently, if you let it. You, me or nobody, is gonna hit as hard as life. But ain't about how hard you hit... It's about how hard you can get hit, and keep moving forward... how much you can take, and keep moving forward. Thatīs how winning is done. Now, if you know what you worth, go out and get what you worth. - Rocky Balboa | |
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11-25-2011, 07:02 AM
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#68 | | Willing to sell body for a few minutes on RS
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| Quote:
Originally Posted by StylinRed 1) they broke the contract the stipulations of it is forefeit
2) an employee said he would get a refund
3) its the law based on the above that he's entitled to a refund
(did u not read the Sale of Goods Act i linked/quoted....)
companies break the rules all the time and they think/know most people will just cave in because they dont want to go through the hassle of sticking the law to them | That's just it, a contract works TWO ways.
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2014 F150 5.0L XTR 4x4
A vehicle for all occasions
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