SMALL - espritmodel.com SMALL - Telemetry SMALL - Radio
Closed Thread
Thread Tools
Old Nov 17, 2010, 09:59 PM
i Like RC
Weekend Flyer's Avatar
Manitoba, Canada
Joined Oct 2010
183 Posts
Discussion
California Civil Law-Defective Merchandise

I completely understand that an RC plane which has crashed is difficult to prove that it was due to a defective part. But according to the California Civil Code, merchandise which is simply shown to be defective can be returned for a full refund. I'm not a lawyer but it doesn't make sense why there are so many people who have a hard time returning defective products back to BH. I am new to the hobby and purchased my first plane a few months ago from BH without any major incidents. I would like to buy a second plane but I'm a little wary after reading the never ending bad service stories. Anyway, I thought I would post this as informational reference.


http://www.ehow.com/about_6077045_ca...chandise_.html

California Civil Code
•According to the California Department of Consumer Affairs website, California Civil Codes 1791.1(a) and (c), 1792, 1792.3, and 1793.2(d) shield consumers from being stuck with defective merchandise. The codes ensure that any merchandise that is being used for personal, household or family use carries a warranty by law. The implied warranty is good for at least 60 days, unless there is a written warranty that comes with the item for up to one year. If you purchased a product that is defective, and it has a written warranty, then you have the right to have the item repaired. If the item can't be fixed, you have the right to an exchange or refund. If the item is too large to return, and it came with a written warranty, then the business has to either pay shipping costs or send someone to your home to repair the product.
Help
•If a business fails to cooperate by fixing the item, exchanging it or refunding your money, you can take action. Contact your local consumer affairs agency listed in the white pages of your phone book under County Government. Another alternative is to call or write to the California Department of Consumer Affairs at:

Consumer Information Center
1625 North Market Blvd.
Suite N-112
Sacramento CA 95834
800-952-5210 800-952-5210, 916-322-1700 916-322-1700 (TDD)

If you think it's worth your time and energy, you can also take the business to small claims court .
Exceptions
•These codes do not cover clothing, consumables or items that are marked "as is." Also, these codes do not apply to defective automobiles. There is a different law for autos called the Tanner Consumer Protection Act or the "Lemon Law."


Read more: What Is the California Law on the Return Period of Defective Merchandise? | eHow.com http://www.ehow.com/about_6077045_ca...#ixzz15b2yorUM
Weekend Flyer is offline Find More Posts by Weekend Flyer
Sign up now
to remove ads between posts
Old Nov 18, 2010, 03:45 AM
skunkworks
Dark Angel's Avatar
United States, CA, Clovis
Joined Apr 2008
1,536 Posts
Quote:
Originally Posted by Weekend Flyer View Post
I completely understand that an RC plane which has crashed is difficult to prove that it was due to a defective part. But according to the California Civil Code, merchandise which is simply shown to be defective can be returned for a full refund. I'm not a lawyer but it doesn't make sense why there are so many people who have a hard time returning defective products back to BH. I am new to the hobby and purchased my first plane a few months ago from BH without any major incidents. I would like to buy a second plane but I'm a little wary after reading the never ending bad service stories. Anyway, I thought I would post this as informational reference.


http://www.ehow.com/about_6077045_ca...chandise_.html

California Civil Code
•According to the California Department of Consumer Affairs website, California Civil Codes 1791.1(a) and (c), 1792, 1792.3, and 1793.2(d) shield consumers from being stuck with defective merchandise. The codes ensure that any merchandise that is being used for personal, household or family use carries a warranty by law. The implied warranty is good for at least 60 days, unless there is a written warranty that comes with the item for up to one year. If you purchased a product that is defective, and it has a written warranty, then you have the right to have the item repaired. If the item can't be fixed, you have the right to an exchange or refund. If the item is too large to return, and it came with a written warranty, then the business has to either pay shipping costs or send someone to your home to repair the product.
Help
•If a business fails to cooperate by fixing the item, exchanging it or refunding your money, you can take action. Contact your local consumer affairs agency listed in the white pages of your phone book under County Government. Another alternative is to call or write to the California Department of Consumer Affairs at:

Consumer Information Center
1625 North Market Blvd.
Suite N-112
Sacramento CA 95834
800-952-5210 800-952-5210, 916-322-1700 916-322-1700 (TDD)

If you think it's worth your time and energy, you can also take the business to small claims court .
Exceptions
•These codes do not cover clothing, consumables or items that are marked "as is." Also, these codes do not apply to defective automobiles. There is a different law for autos called the Tanner Consumer Protection Act or the "Lemon Law."


Read more: What Is the California Law on the Return Period of Defective Merchandise? | eHow.com http://www.ehow.com/about_6077045_ca...#ixzz15b2yorUM
Nice the problem is if they took care of there customers who had some problems they would not get to pocket as much money I almost went in on a group buy of SR71's and even with shipping it would have been less than half of what they charge. Sooo that tells me they are making money, good money everytime they sell something. I also believe that when Sara was here she was trying to make a difference in BH rep. But now it is back to the dark ages and Pete is handing CS wow
Dark Angel is offline Find More Posts by Dark Angel
Old Nov 19, 2010, 05:41 AM
Registered User
ggcrandall1's Avatar
USA, GA, Marietta
Joined Aug 2005
5,892 Posts
The problem with such a law is that to enforce it you have to be willing to take legal action. That means hiring a lawyer who will cost you more than the item you are trying to have replaced.

Glen
ggcrandall1 is offline Find More Posts by ggcrandall1
Old Nov 20, 2010, 07:56 PM
Canada
Energy's Avatar
Joined May 2009
1,252 Posts
You can take something to small claims court without rep from a lawyer. And seeing as i don't think BH would go to court over it, they would legally have to give a refund. Atleast i think this could happen.
Energy is offline Find More Posts by Energy
Old Nov 21, 2010, 07:21 AM
Registered User
ggcrandall1's Avatar
USA, GA, Marietta
Joined Aug 2005
5,892 Posts
Quote:
Originally Posted by Energy View Post
You can take something to small claims court without rep from a lawyer. And seeing as i don't think BH would go to court over it, they would legally have to give a refund. Atleast i think this could happen.
The problem with small claims court is you have to be in California to do it. No help for someone like you in Canada or me in Georgia.

But on another side of the coin I wonder just what percentage of their customers have serious problems as have been reported here? If it is very small you would think they would bend over backwards to settle complaints quickly. And if it is very large you would think they would be out of business very quickly. Just a thought. I am not a BH customer. Thought about it a couple of times though even if only to check out their service for myself.

Glen
ggcrandall1 is offline Find More Posts by ggcrandall1
Old Nov 21, 2010, 09:23 AM
Canada
Energy's Avatar
Joined May 2009
1,252 Posts
Quote:
Originally Posted by ggcrandall1 View Post
The problem with small claims court is you have to be in California to do it. No help for someone like you in Canada or me in Georgia.

But on another side of the coin I wonder just what percentage of their customers have serious problems as have been reported here? If it is very small you would think they would bend over backwards to settle complaints quickly. And if it is very large you would think they would be out of business very quickly. Just a thought. I am not a BH customer. Thought about it a couple of times though even if only to check out their service for myself.

Glen
I'm from Ontario California... No just kiddin'. There is a Ontario city in California, and there is a town called California in Ontario. These people are trying to confuse us. I guess that is true.
Energy is offline Find More Posts by Energy
Old Nov 21, 2010, 09:48 AM
Registered User
ggcrandall1's Avatar
USA, GA, Marietta
Joined Aug 2005
5,892 Posts
Quote:
Originally Posted by Energy View Post
I'm from Ontario California... No just kiddin'. There is a Ontario city in California, and there is a town called California in Ontario. These people are trying to confuse us. I guess that is true.
OK I know Ontario, CA I'm originally from Long Beach, CA. Bad assumption on my part. But my statement concerning jurisdiction is still valid. You pretty much have to be in CA to use small claims court.

Of course for you it's just a stroll over to BH and hit them up in person VBG.

Do you attend the AMA show in January? I have relatives in Murrieta and sometimes come out for the show. Haven't decided about 2011 yet though.

Glen
ggcrandall1 is offline Find More Posts by ggcrandall1
Old Nov 21, 2010, 10:00 AM
Canada
Energy's Avatar
Joined May 2009
1,252 Posts
Oh, my bad, i was actually just joking about being in Ontario, California. I'm in Ontario, CA (Canada ... I am Canadian). Far to many similarities on paper between the two places.
Energy is offline Find More Posts by Energy
Old Nov 23, 2010, 07:57 PM
guitarflyer
Joined Feb 2009
797 Posts
Quote:
Originally Posted by Weekend Flyer View Post
I completely understand that an RC plane which has crashed is difficult to prove that it was due to a defective part. But according to the California Civil Code, merchandise which is simply shown to be defective can be returned for a full refund. I'm not a lawyer but it doesn't make sense why there are so many people who have a hard time returning defective products back to BH. I am new to the hobby and purchased my first plane a few months ago from BH without any major incidents. I would like to buy a second plane but I'm a little wary after reading the never ending bad service stories. Anyway, I thought I would post this as informational reference.


http://www.ehow.com/about_6077045_ca...chandise_.html

California Civil Code
•According to the California Department of Consumer Affairs website, California Civil Codes 1791.1(a) and (c), 1792, 1792.3, and 1793.2(d) shield consumers from being stuck with defective merchandise. The codes ensure that any merchandise that is being used for personal, household or family use carries a warranty by law. The implied warranty is good for at least 60 days, unless there is a written warranty that comes with the item for up to one year. If you purchased a product that is defective, and it has a written warranty, then you have the right to have the item repaired. If the item can't be fixed, you have the right to an exchange or refund. If the item is too large to return, and it came with a written warranty, then the business has to either pay shipping costs or send someone to your home to repair the product.
Help
•If a business fails to cooperate by fixing the item, exchanging it or refunding your money, you can take action. Contact your local consumer affairs agency listed in the white pages of your phone book under County Government. Another alternative is to call or write to the California Department of Consumer Affairs at:

Consumer Information Center
1625 North Market Blvd.
Suite N-112
Sacramento CA 95834
800-952-5210 800-952-5210, 916-322-1700 916-322-1700 (TDD)

If you think it's worth your time and energy, you can also take the business to small claims court .
Exceptions
•These codes do not cover clothing, consumables or items that are marked "as is." Also, these codes do not apply to defective automobiles. There is a different law for autos called the Tanner Consumer Protection Act or the "Lemon Law."


Read more: What Is the California Law on the Return Period of Defective Merchandise? | eHow.com http://www.ehow.com/about_6077045_ca...#ixzz15b2yorUM
im very sorry sir,it seems someone forgot to inform you that banana does not have defective products,if you crash its nothing more than piolet era.
guitaramp68 is offline Find More Posts by guitaramp68
Old Nov 23, 2010, 08:51 PM
Canada
Energy's Avatar
Joined May 2009
1,252 Posts
Quote:
Originally Posted by guitaramp68 View Post
im very sorry sir,it seems someone forgot to inform you that banana does not have defective products,if you crash its nothing more than piolet era.
You make me chuckle sir.
Energy is offline Find More Posts by Energy
Closed Thread


Thread Tools

Similar Threads
Category Thread Thread Starter Forum Replies Last Post
Discussion Oklahoma,1st state to ban Sharia law SKYPILEIT Life, The Universe, and Politics 150 Nov 11, 2010 08:33 PM
Alert Skywalker defective wing from LowPriceRC> UPDATE < darmar FPV Talk 24 Oct 31, 2010 07:42 AM
Discussion Proposed NY Gun Law Discriminates Against The Poor DT56 Life, The Universe, and Politics 5 Oct 29, 2010 12:05 AM
Discussion Defective gyro? Speeddee1 Beginner Training Area (Heli-Electric) 11 Sep 29, 2010 07:08 PM
Discussion Defective Skywagon Update TomRobertson Electric Plane Talk 7 Sep 09, 2010 10:40 PM