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Old 03-19-2020, 06:35 PM   #1
jcsh88
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Exclamation Warranty vs Failure to Comply w/Product Specifications

What happens when a company sells a product with certain specifications that are not true? In case of a failure/damage of the product that occurred because the product didnt met the specifications, are you subject to the warranty's terms or the company has certain liability and should proceed another way?

Does the customer has any alternative?
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Old 03-19-2020, 06:46 PM   #2
adjusterjack
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Default Re: Warranty vs Failure to Comply w/Product Specifications

What product?
What specifications?
What, exactly, went wrong?
What was the company's response when you brought it to their attention? You have done that, haven't you?
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Old 03-19-2020, 08:46 PM   #3
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Default Re: Warranty vs Failure to Comply w/Product Specifications

Its a smartwatch from Garmin with a Sapphire glass (Fenix 6x), it should resist scratches from materials with a lower hardness coeficient.

The company wants me to send de watch to the warehouse of the country where I purchased it to make the return, by doing this I have to pay the shipment costs plus the import taxes that arise from the new product they will be sending.

So, Im not 100% sure if I should absorb this costs since Im in this problem because the product didnt meet the specifications in the first place not because a malfunction or bug in the device.
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Old 03-19-2020, 09:57 PM   #4
adjusterjack
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Default Re: Warranty vs Failure to Comply w/Product Specifications

Quote:
Originally Posted by Unregistered View Post
Its a smartwatch from Garmin with a Sapphire glass (Fenix 6x), it should resist scratches from materials with a lower hardness coeficient.
Is that a direct quote from the manufacturer or your opinion? That's important because all I see in the manufacturer's materials is:

Quote:
Each Sapphire edition adds a scratch-resistant sapphire lens and premium materials.
https://buy.garmin.com/en-US/US/p/641479#overview

"Scratch resistant" doesn't necessarily mean scratch proof.

Quote:
Originally Posted by Unregistered View Post

The company wants me to send de watch to the warehouse of the country where I purchased it to make the return, by doing this I have to pay the shipment costs plus the import taxes that arise from the new product they will be sending.

So, Im not 100% sure if I should absorb this costs since Im in this problem because the product didnt meet the specifications in the first place not because a malfunction or bug in the device.
What specifications? I didn't find anything in the above link that had a specification for scratch resistant hardness.

Do you have the written warranty that came with it? You can scan it and upload it to this thread. See "Manage Attachments" before you submit reply. Or provide a link to an online copy.

I don't think that your argument is going anywhere but I'd like to take a look at the warranty anyway.
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Old 03-26-2020, 08:16 AM   #5
Lexus
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Default Re: Warranty vs Failure to Comply w/Product Specifications

All businesses that have a product or service to sell must advertise, and a competitive marketplace can lead to a range of dubious methods. Most of the time, businesses might exaggerate some aspect of their products and services, like calling them “The Best _ in the World,” but some advertisements cross a line into unlawful territory. Claims that are outright misleading or false, especially those that could harm consumers or other businesses, are often prohibited by state and federal consumer protection laws.
A common form of false advertising involves deceptive or misleading product descriptions, particularly claims that a product has certain features or benefits that it does not, or that it is of a higher quality than it actually is.

Businesses may offer a guarantee or warranty for their products/services that does not specify a remedy and then decline to provide any relief to consumers.Contract law typically requires certainty in terms for a contract to be enforceable, so laws regulating deceptive and false advertising must fill in the gap.
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