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I need some help From the SJ.com Big Brains Please (long story long)

Discussion in 'Anything goes' started by Dirk Legume, Dec 19, 2007.

  1. fishwrapper

    fishwrapper Active Member

    Another cereal number:
    [​IMG]
     
    Last edited by a moderator: Dec 15, 2014
  2. fishwrapper

    fishwrapper Active Member

  3. Point of Order

    Point of Order Active Member

    1. Actually, if a dumbass store clerk acting in the line and scope of his employment made a verbal promise and you bought the warranty because of that verbal promise, they have assumed a contractual obligation to follow through on the promise. The trouble is in the proof, where having a writing to that effect would come in handy. If you had people with you who heard the promise, or if the store now admits to making the promise, or if there's a videotape (just sayin'), you've still got a winner of a contractual claim. As JR correctly points out, however, having it in writing is a practical requirement.
     
  4. Dirk Legume

    Dirk Legume Active Member

    Thanks for all the advice. The people on this board are always quick to help (or provide pictures of cereal...equally important). which is one of the things that makes this board so great.

    Look, I know what the warranty fine print says. And i know I done wrong by not reading it in it's entirety. But I am trying to act on what we were told. And Mr. store owner, while admitting that may be what we were told, says he doesn't care. And that's the part that fries me. We acted in good faith and even did them a bit of a favor by buying it when we did (and we got the nice financing bump for us, although we did not need to finance the TV, it was nice to delay payment with no penalty until after xmas 2004). They are no longer willing to show us the same good faith.

    And, I am a fairly well listened to morning disc jockey in my area. But I could not talk about these guys, by name, on the air. Wouldn't be right as they would have no way to defend themselves.

    I have no problem telling people in person to stay the hell away from the place though.
     
  5. Boom_70

    Boom_70 Well-Known Member

    For now it seems like you have little leverage so you need to deal with in a non hostile manner.

    As Ace suggested I would go speak with store manager and explain your plight. Be clear on difference between purchase date and delivery date.

    Since 2005 tv prices have come down a lot. Have you explored getting new tv instead of reparing the old one? Maybe they will cut you a great deal.
     
  6. expendable

    expendable Well-Known Member

    Holy shit. I'm a fucktard. Serial number. Won't even go back and edit it. I'll have to let that one sit on the scoreboard for a while as a reminder.
     
  7. Three words: Persist, persist, persist.

    Pull out all the stops. Go to the store, sternly question whatever happened to the strength of someone's word, point out that you were doing them a favor to begin with, and you know a lot of damn rich people in the town in the market for TVs. Ask them to at least look at the TV for you.

    If you persist on this and remain firm on this, you will get some satisfaction. It's a business, not government. The smaller the business the better.

    Just pretend you're on a story and don't stop until you get what's right.

    That's all I got.
     
  8. Point of Order

    Point of Order Active Member

    How 'bout approaching it from the opposite direction? Maybe you tell the store owner, "Hey, I have a pretty popular radio show and if you are able to help me out I could be sure to let all my listeners know that you are a good guy to do business with."
     
  9. Cracker

    Cracker Guest

    What he said. Sounds like a classic promissory estoppel claim. If the clerk was acting in the scope and capacity of making a sale, and you bought the warranty in reliance on the promise, it doesn't matter that he was a dumbass clerk. You being forced to buy a new TV (or, at the least, go without a TV) would likely constitute an injustice that can be avoided only by the enforcement of the promise. (had to reference my old Emmanuel for that one). The issue is being able to show that you were actually given that promise, like Point of Order said.
     
  10. Point of Order

    Point of Order Active Member

    I hope my contracts prof thinks as much of my work as Cracker. Damn, waiting for exam grades sucks!
     
  11. Cracker

    Cracker Guest

    I thought waiting for the LSAT score was a little worse, but the point remains valid. If you just took a K exam, you probably know the rules better than me. Like I said, I had to go to my closet and bust out the old supplement.
     
  12. BigDog

    BigDog Active Member

    Several ideas...

    1. The local store would love to have local TV there asking them why they suck. When in doubt, shame someone to get your way.

    2. Call your home insurance company and tell them the TV broke and see what can be done.

    3. Stand on the sidewalk outside the store with a sandwich board saying "This place blows goats. I have proof."

    4. Fuck the guy's wife, tape it, then put it in the DVD player at his store. So instead of a Michael McDonald concert on the 193" Fujiyammam TV, it's Mrs. Storeowner licking your grundle before taking an eyeful of your broken-TV-rage. Preferably with you yelling "Oh, I'm dropping loads" in perfect surround sound.
     
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