QUESTION

What is difference between "reporting to the Manufacturer about a faulty consumer product via a Dealer" and "reporting to the Manufacturer directly?"

Asked on Jul 03rd, 2012 on Business Law - Maryland
More details to this question:
Bought a Samsung Dishwasher from Best Buy (dealer) on 5/25/11. It stopped working around April 2012. Reported to Best Buy who told us that they need to try to fix it first. Samsung certified repairmen came with new Samsung parts but couldn''t repair it. Best Buy submitted repair company documentation to Samsung and requested a replacement. Now Samsung is saying that we needed to notify them, the manufacturer instead of Best Buy, the Dealer within the warranty period. Since we only dealt with Best Buy, we are no longer under warranty, Samsung is not sure about our dishwasher''s irreparable condition and needs to ascertain by sending independent Samsung repair companies to our home, and even after that there is no surety that we shall receive a replacement from Samsung, because after the first report of a problem to Best Buy, two months have gone by and the warranty period is over. What is our redress as a consumer? What is the difference between reporting to Samsung directly vs via dealer
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, a manufacturer's warranty may be on such terms as it wishes to impose. That means that it may lawfully exclude certain warranties, or it may condition warranties upon timely notice, in order for the end-user to receive the benefits of the warranty. In this case, it appears that you did not comply with the notice requirement of the manufacturer's warranty, and that you would have complied but for Best Buy's misconduct in telling you not to comply with the terms of the warranty. Assuming the matter is not resolved to your satisfaction, I would consider asserting a claim (in small claims court or otherwise) against Best Buy. My guess is that they will resolve this claim to your satisfaction if you do not let up.
Answered on Jul 03rd, 2012 at 8:57 PM

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