SMS <scharf.steven@geemail.com> wrote in news:47b1b09e$0$36407
$742ec2ed@news.sonic.net:

> The whole reason this part of Magnusson-Moss came into
> existence was because manufacturers were dumping excess inventory
> through secondary channels, then trying to get out of warranty service
> by claiming that those channels weren't authorized to sell the product.
>
>
Yes. It is also, under the law, that you buy within 2.5 miles of home, a
little gift to the merchants from the politicians. If there's no local
dealer, the provision turns off. I was 1.6 miles from the Yamaha
dealer..(c

Every consumer needs to read the law. It's amazingly in English, not
lawyerese. Sec 2304(a)(4) was my out. It says they have a reasonable
time (30 days in court cases), and a reasonable number of attempts (3 in
case law is normal) to fix it TO THE CONSUMER'S SATISFACTION, NOT THE
MANUFACTURER, NOT THE DEALER! Then, if they cannot, or in my case would
not, fix it, the CONSUMER, not the dealer, not the manufacturer, has the
OPTION for A) a full replacement unit...or... ALL of his money
back...not minus 15% restocking fee or any other bogus charges...every
penny. It's the CONSUMER'S CHOICE, not theirs!

Lucky for me, I was holding all the cards. No begging on my part was
necessary. I let their dealer talk me into charging the boat on the
bogus Yamaha Credit Card with no money down, no payment until September.
I bought it in Feb, returned it in August, and had not a penny invested
in it I couldn't keep. I followed the law, to the smallest period, and
waited all summer, much longer and more "attempts" to fix the major
problems. When he tried to threaten me with "storage fees" if I didn't
come pick up my BROKEN boat, at $10/day, was when I put my foot down and
said enough was enough. I took many pictures of the disassembled boat
sitting out in the mud behind the shop from the business next door to
enhance any evidence we needed.

Before leaving, I FAXED him his own copy of:


http://www.ftc.gov/bcp/conline/pubs/.../warranty.shtm


so he would be sure to know what his responsibilities to his customers
was. Every consumer needs to read this guide...from the FTC, tasked with
its enforcement.
Notice in the guide it says they CANNOT JUST DISCLAIMER THE TWO IMPLIED
WARRANTIES, something they all try to pull. Won't wash in court. The
boat was NOT ready for sale free of defects....and wouldn't go anywhere
near as fast as the 60 MPH the salesman promised IN FRONT OF MY WITNESS!

If a VZW promises you you can do something and you can't, it violates
Magnusson-Moss. Too bad for all of us it doesn't cover SERVICE only
products. VZW is also RESPONSIBLE for the phones they sell, not "you
must call Motorola", which is nonsense.