Best Buy Breach of Repair Contract, Fraudulent Sales Practices Columbus Ohio
In December of 2004 I purchased a 61 inch Samsung DLP TV and a four year warranty. A week and a half ago that TV stopped working. I called Best Buy and they did set up service with Premier Electronics out of Gallion Ohio (who also has a Rip Off Report against them), for this past Friday. Premier called me on the Monday before the appointment to confirm, but I missed the call, so I called them back on the Tuesday before the appointment and confirmed with them. At that time Premier told me they would be at my house somewhere between 9:00 a.m. and 7:00 p.m. I took the day off at a cost of $2000.00 to me in billable hours and sat and waited for the service people to come to fix the TV. They never showed and never even bothered to call. I called Best Buy about the matter and their answer was that they wanted me to reschedule taking another $2000.00 day off or find someone else to fix it (isn't this what I paid them to do?)
Meanwhile, I still have no TV so I go to Best Buy (mistake and a waste of gas on a 90 mile round trip) and purchase another TV. An open box item. I asked the salesman about the TV and he told me it was a customer return. I asked him why the TV was returned. He said he did not know. I asked him if there were computer records on the TV as to why it was returned. He said not that were accessible to him and finally I asked him if there was anything wrong with the TV and he told my husband and I at least twice, that there was nothing wrong with the TV.
Needless to say we got the TV home, it ran for 2 hours and died. When I called them I was told I have 2 options. The first is to let their repair service come and fix it in the next 48 hours (probably with another 10 wait just to have nobody to show up--what a joke) or return the TV and get another model (they have no more of the one I bought) at a higher cost than what I have already paid (of course).
Legal eagle
Marysville, Ohio
U.S.A.
9 Updates & Rebuttals
Jeepinhawaii
Honolulu,Hawaii,
U.S.A.
$2000 work day?
#10Consumer Suggestion
Sun, May 11, 2008
If you make $2000 in a single work day then why is this TV situation and the 90 miles of gas wasted getting to you? Use your ONE day's pay to buy another. TV companies are all rip offs. These TV's these days are simply disposable TV's. They last 4 years tops. They aren't like tube TV's that last 20-30 years. You should do some research before buying the new age TV's so you will have a better understanding of what to expect. The max life intended by the companies is usually around 4 years.
I have baught 4 Tv's in the last 3 years. One was a rear projection 46'' Sony Wega ($2100) wich went out within a year and NO warranty covers it b/c they say "It's like you asking us to replace your batteries in your remote". Like hell it is. And another 32'' flat panel ($800) that just went out a month ago and I can't figure out waht to do with it b/c it's 15 months old and the warranty was up after 12 months. Needless to say, the cheapest model we baught (32'' sabre,$650) is the longest running one. It is in our kitchen. We recently baught a 50'' Sharp Aquos, so I hope this one lasts longer than a year since we paid almost $3k for it.
Back to my point, If you really make $2000 in a single work day then buying a new TV should be no issue.
P.S. I still have a tube TV in one of our guest rooms that I got for christmas in 1998 and it's still going strong. even has a vhs & dvd player built in.
Legal Eagle
Marysville,Ohio,
U.S.A.
You don't have a clue what you are talking about
#10Author of original report
Mon, February 04, 2008
First of all, you should not comment on matters you have no clue about. Second, it was a breach of contract. I was not the one that contacted the repair complany or contracted for the repairs -- that was Best Buy. Further, Best Buy was at first unwilling to get somone else out there to fix the TV and the appointments the first company had were not acceptable. Especially in light of the fact that I had already waited 10 hours for nothing and lost $2500.00 as my billable hour rate is $250.00 an hour and I lost an entire day at my practice.
Last, Best Buy certainly felt that it was a breach of contract given that 30 minutes after my last unsuccesful conversation with them ending with me telling them they were in breach of contract, they telephoned me and offered to have another electonics repair company come out to fix the TV. In fact, they arranged the same solution I suggested to them and even sent the same company that I suggested they send.
To Best Buy's credit, while the Polaris store was full of useless prattle on returning the 2nd TV that did not consider the legal principle of the warranty of merchantability (what lemon laws are based on), another Best Buy, stepped up and took the second TV back and swapped it out for an equivalent TV. I applaud the Marysville Best Buy for their customer service, upholding their good reputation and standing behind their product line.
Legal Eagle
Marysville,Ohio,
U.S.A.
You don't have a clue what you are talking about
#10Author of original report
Mon, February 04, 2008
First of all, you should not comment on matters you have no clue about. Second, it was a breach of contract. I was not the one that contacted the repair complany or contracted for the repairs -- that was Best Buy. Further, Best Buy was at first unwilling to get somone else out there to fix the TV and the appointments the first company had were not acceptable. Especially in light of the fact that I had already waited 10 hours for nothing and lost $2500.00 as my billable hour rate is $250.00 an hour and I lost an entire day at my practice.
Last, Best Buy certainly felt that it was a breach of contract given that 30 minutes after my last unsuccesful conversation with them ending with me telling them they were in breach of contract, they telephoned me and offered to have another electonics repair company come out to fix the TV. In fact, they arranged the same solution I suggested to them and even sent the same company that I suggested they send.
To Best Buy's credit, while the Polaris store was full of useless prattle on returning the 2nd TV that did not consider the legal principle of the warranty of merchantability (what lemon laws are based on), another Best Buy, stepped up and took the second TV back and swapped it out for an equivalent TV. I applaud the Marysville Best Buy for their customer service, upholding their good reputation and standing behind their product line.
Legal Eagle
Marysville,Ohio,
U.S.A.
You don't have a clue what you are talking about
#10Author of original report
Mon, February 04, 2008
First of all, you should not comment on matters you have no clue about. Second, it was a breach of contract. I was not the one that contacted the repair complany or contracted for the repairs -- that was Best Buy. Further, Best Buy was at first unwilling to get somone else out there to fix the TV and the appointments the first company had were not acceptable. Especially in light of the fact that I had already waited 10 hours for nothing and lost $2500.00 as my billable hour rate is $250.00 an hour and I lost an entire day at my practice.
Last, Best Buy certainly felt that it was a breach of contract given that 30 minutes after my last unsuccesful conversation with them ending with me telling them they were in breach of contract, they telephoned me and offered to have another electonics repair company come out to fix the TV. In fact, they arranged the same solution I suggested to them and even sent the same company that I suggested they send.
To Best Buy's credit, while the Polaris store was full of useless prattle on returning the 2nd TV that did not consider the legal principle of the warranty of merchantability (what lemon laws are based on), another Best Buy, stepped up and took the second TV back and swapped it out for an equivalent TV. I applaud the Marysville Best Buy for their customer service, upholding their good reputation and standing behind their product line.
Legal Eagle
Marysville,Ohio,
U.S.A.
You don't have a clue what you are talking about
#10Author of original report
Mon, February 04, 2008
First of all, you should not comment on matters you have no clue about. Second, it was a breach of contract. I was not the one that contacted the repair complany or contracted for the repairs -- that was Best Buy. Further, Best Buy was at first unwilling to get somone else out there to fix the TV and the appointments the first company had were not acceptable. Especially in light of the fact that I had already waited 10 hours for nothing and lost $2500.00 as my billable hour rate is $250.00 an hour and I lost an entire day at my practice.
Last, Best Buy certainly felt that it was a breach of contract given that 30 minutes after my last unsuccesful conversation with them ending with me telling them they were in breach of contract, they telephoned me and offered to have another electonics repair company come out to fix the TV. In fact, they arranged the same solution I suggested to them and even sent the same company that I suggested they send.
To Best Buy's credit, while the Polaris store was full of useless prattle on returning the 2nd TV that did not consider the legal principle of the warranty of merchantability (what lemon laws are based on), another Best Buy, stepped up and took the second TV back and swapped it out for an equivalent TV. I applaud the Marysville Best Buy for their customer service, upholding their good reputation and standing behind their product line.
Douglas
Nanuet,New York,
U.S.A.
Complaint
#10Consumer Suggestion
Sun, February 03, 2008
Your complaint seems to be full of hot air.
First, how is Best Buy responsible for another's conduct? If you contracted seperately for TV repairs how is Best Buy responsible for the other company's failure to show up?
Second, in your complaint you claim the repair company is in breach of their contract. How is this so? Just because they missed one appointment doesn't mean they are in breach of their contract. Only if they flatly refused to repair the TV or missed several repair appointments would they be considered to have materially breached their contract with you.
Third, did you attempt to cover when they missed their appointment? It doesn't seem so from your complaint.
Fourth, why not just return the second TV to them and end your relationship with Best Buy?
Kristy
Beverly Hills,California,
U.S.A.
your problems have only just started
#10UPDATE EX-employee responds
Mon, January 14, 2008
as an Ex-employee, I would NEVER buy an open box item from Best buy, it's either a demo that been used by hundreds of people on the sales floor.. or an item that has been returned defective and (if your lucky) sent out for repair and fixed with used parts and placed back on the sales floor.. customers have no idea what an open box actually is..
say the first customer purchased the TV on 2/2007 called the MFG for troubleshooting a problem, couldn't resolve so he returned it as defective and got a refund /or another TV. .. it was sent to service repaired then used as a "store display" for 6 months.. then the model became a close out and they sold it to you on say 10/2007... with a 1yr MFG warranty but you didn't buy a Best Buy extended service plan.. (which of course you did so this doesnt apply to you) in 03/2008 the TV dies.. you call the MFG who will tell you the warranty is now expired since the first call in 02/2007 - trying to get this fixed is a major hassle. faxing documents to the company, etc. - my advise stick with factory sealed items only... and OPEN THE PRODUCT in the store.. and check for damage. (after being paid for but before leaving) - others have posted problems in this group (broken screen - no refunds) when they have not done this..
so lets talk about how your situation is going to play out..
(just based on cases I've seen before and why I left the company)
you'll call to reschedule with Best Buy - they will give you a new date... In theory someone will call you in the morning of the appointment between 7am -9am and will tell you when they will be in your area (a 4hr window at best buy choosing) -vs- giving you an appointment timeframe when you make the appointment - this is done for Best Buy's benefit -vs- yours.. I would call them the night before.. and if they don't call by 9am call both the repair center & best buy to get them out that day -vs- another reschedule. attempting to sue for lost wages for the day wont work
if the repair person actually shows up ontime (count your blessings) he will look at the TV for 5-10 mins and say "yes it's broken" he will need to order parts.. they will probably tell you 3 -7days max.. 14days later.. no parts.. you'll (probably) get upset, yell and scream at the store manager who will refer you to the corporate office.. you'll yell at them.. who will play the stalling game with you... end result... Best Buy will make you wait up to 45days (from the date parts were ordered, not when the problem occurred) before doing anything.. after 45days you can request they swapout the TV. this will take another 7days to process ... if it's actually approved for you to get a new TV.. more fun begins..
say the TV costs $2300 you paid $2000 as an open box.. that of course was in 2004... it's now 2007 the current selling price of that model (if they had it in stock -which they don't is now $1300) so guess how much you get towards a new TV? :-) Actually to be fair to Best Buy.. you'll probably get the very cheapest 61" in the store.. even if it costs more... some store managers might try to force you into getting an open box demo as a replacement ... based on the current sell price, with the arguement that your bought an open box orginally or that your TV is 1080i .. all the new are 1080p etc. - if your willing to spend more $$ sometimes they will apply the current sell price $1300 towards a new one.. other managers would give the $2000 - at my old store I could never get a straight answer on what actual company policy was from any manager on this.
additional warning
Since you live 'outside a Best Buy area" and Best Buy has a 3rd party contractor doing the visit IT IS EXTREMELY IMPORTANT that they do NOT remove the TV from your home. and that everything the Tech does or says.. that you call Best Buy and make sure it's approved and they will pay for it..
I've seen other cases where 3rd party contractor on behalf of best buy took a customers TV to there shop, the customer and the repair store agreed on repairing items costs etc. without consulting Best Buy for approval.. when it came time to pay, Best Buy refused as the service plan doesn't cover cosmetic damage or addon's etc.. & that your service contract is with Best Buy, not the third party.. so you made a private agreement with them... (in other words you shouldn't have called them directly just Best Buy) they refuse to Pay... the repair store wants paid & is refusing to return the TV to you - because they got you to sign some of thier own paperwork (non best buy paperwork) - remember possesion is 9 points of the law.
my advise.. if your getting a TV repaired at Best Buy, you should expect to be without a TV for at least 2-4months. in other words buy a new one.. and if your TV is ever fixed.. sell it to someone else..
this is another common ploy with New installs of Appliances..
say best buy charges a flat fee to a customer (for example $100) to install an oven for a standard install.. the 3rd party installer (differn't companies /installers depending on your local market) is probably paid $25 for the job, since they were the lowest bid for the contract..$75 to best buy.. of course, your install, isn't going to be Standard.. $200 to trim to fit the oven.. then maybe a new 220V circuit breaker or Box.., an electrictian city permits etc. $300 this is how the 3rd party installers make money.
Kristy
Beverly Hills,California,
U.S.A.
your problems have only just started
#10UPDATE EX-employee responds
Mon, January 14, 2008
as an Ex-employee, I would NEVER buy an open box item from Best buy, it's either a demo that been used by hundreds of people on the sales floor.. or an item that has been returned defective and (if your lucky) sent out for repair and fixed with used parts and placed back on the sales floor.. customers have no idea what an open box actually is..
say the first customer purchased the TV on 2/2007 called the MFG for troubleshooting a problem, couldn't resolve so he returned it as defective and got a refund /or another TV. .. it was sent to service repaired then used as a "store display" for 6 months.. then the model became a close out and they sold it to you on say 10/2007... with a 1yr MFG warranty but you didn't buy a Best Buy extended service plan.. (which of course you did so this doesnt apply to you) in 03/2008 the TV dies.. you call the MFG who will tell you the warranty is now expired since the first call in 02/2007 - trying to get this fixed is a major hassle. faxing documents to the company, etc. - my advise stick with factory sealed items only... and OPEN THE PRODUCT in the store.. and check for damage. (after being paid for but before leaving) - others have posted problems in this group (broken screen - no refunds) when they have not done this..
so lets talk about how your situation is going to play out..
(just based on cases I've seen before and why I left the company)
you'll call to reschedule with Best Buy - they will give you a new date... In theory someone will call you in the morning of the appointment between 7am -9am and will tell you when they will be in your area (a 4hr window at best buy choosing) -vs- giving you an appointment timeframe when you make the appointment - this is done for Best Buy's benefit -vs- yours.. I would call them the night before.. and if they don't call by 9am call both the repair center & best buy to get them out that day -vs- another reschedule. attempting to sue for lost wages for the day wont work
if the repair person actually shows up ontime (count your blessings) he will look at the TV for 5-10 mins and say "yes it's broken" he will need to order parts.. they will probably tell you 3 -7days max.. 14days later.. no parts.. you'll (probably) get upset, yell and scream at the store manager who will refer you to the corporate office.. you'll yell at them.. who will play the stalling game with you... end result... Best Buy will make you wait up to 45days (from the date parts were ordered, not when the problem occurred) before doing anything.. after 45days you can request they swapout the TV. this will take another 7days to process ... if it's actually approved for you to get a new TV.. more fun begins..
say the TV costs $2300 you paid $2000 as an open box.. that of course was in 2004... it's now 2007 the current selling price of that model (if they had it in stock -which they don't is now $1300) so guess how much you get towards a new TV? :-) Actually to be fair to Best Buy.. you'll probably get the very cheapest 61" in the store.. even if it costs more... some store managers might try to force you into getting an open box demo as a replacement ... based on the current sell price, with the arguement that your bought an open box orginally or that your TV is 1080i .. all the new are 1080p etc. - if your willing to spend more $$ sometimes they will apply the current sell price $1300 towards a new one.. other managers would give the $2000 - at my old store I could never get a straight answer on what actual company policy was from any manager on this.
additional warning
Since you live 'outside a Best Buy area" and Best Buy has a 3rd party contractor doing the visit IT IS EXTREMELY IMPORTANT that they do NOT remove the TV from your home. and that everything the Tech does or says.. that you call Best Buy and make sure it's approved and they will pay for it..
I've seen other cases where 3rd party contractor on behalf of best buy took a customers TV to there shop, the customer and the repair store agreed on repairing items costs etc. without consulting Best Buy for approval.. when it came time to pay, Best Buy refused as the service plan doesn't cover cosmetic damage or addon's etc.. & that your service contract is with Best Buy, not the third party.. so you made a private agreement with them... (in other words you shouldn't have called them directly just Best Buy) they refuse to Pay... the repair store wants paid & is refusing to return the TV to you - because they got you to sign some of thier own paperwork (non best buy paperwork) - remember possesion is 9 points of the law.
my advise.. if your getting a TV repaired at Best Buy, you should expect to be without a TV for at least 2-4months. in other words buy a new one.. and if your TV is ever fixed.. sell it to someone else..
this is another common ploy with New installs of Appliances..
say best buy charges a flat fee to a customer (for example $100) to install an oven for a standard install.. the 3rd party installer (differn't companies /installers depending on your local market) is probably paid $25 for the job, since they were the lowest bid for the contract..$75 to best buy.. of course, your install, isn't going to be Standard.. $200 to trim to fit the oven.. then maybe a new 220V circuit breaker or Box.., an electrictian city permits etc. $300 this is how the 3rd party installers make money.
Kristy
Beverly Hills,California,
U.S.A.
your problems have only just started
#10UPDATE EX-employee responds
Mon, January 14, 2008
as an Ex-employee, I would NEVER buy an open box item from Best buy, it's either a demo that been used by hundreds of people on the sales floor.. or an item that has been returned defective and (if your lucky) sent out for repair and fixed with used parts and placed back on the sales floor.. customers have no idea what an open box actually is..
say the first customer purchased the TV on 2/2007 called the MFG for troubleshooting a problem, couldn't resolve so he returned it as defective and got a refund /or another TV. .. it was sent to service repaired then used as a "store display" for 6 months.. then the model became a close out and they sold it to you on say 10/2007... with a 1yr MFG warranty but you didn't buy a Best Buy extended service plan.. (which of course you did so this doesnt apply to you) in 03/2008 the TV dies.. you call the MFG who will tell you the warranty is now expired since the first call in 02/2007 - trying to get this fixed is a major hassle. faxing documents to the company, etc. - my advise stick with factory sealed items only... and OPEN THE PRODUCT in the store.. and check for damage. (after being paid for but before leaving) - others have posted problems in this group (broken screen - no refunds) when they have not done this..
so lets talk about how your situation is going to play out..
(just based on cases I've seen before and why I left the company)
you'll call to reschedule with Best Buy - they will give you a new date... In theory someone will call you in the morning of the appointment between 7am -9am and will tell you when they will be in your area (a 4hr window at best buy choosing) -vs- giving you an appointment timeframe when you make the appointment - this is done for Best Buy's benefit -vs- yours.. I would call them the night before.. and if they don't call by 9am call both the repair center & best buy to get them out that day -vs- another reschedule. attempting to sue for lost wages for the day wont work
if the repair person actually shows up ontime (count your blessings) he will look at the TV for 5-10 mins and say "yes it's broken" he will need to order parts.. they will probably tell you 3 -7days max.. 14days later.. no parts.. you'll (probably) get upset, yell and scream at the store manager who will refer you to the corporate office.. you'll yell at them.. who will play the stalling game with you... end result... Best Buy will make you wait up to 45days (from the date parts were ordered, not when the problem occurred) before doing anything.. after 45days you can request they swapout the TV. this will take another 7days to process ... if it's actually approved for you to get a new TV.. more fun begins..
say the TV costs $2300 you paid $2000 as an open box.. that of course was in 2004... it's now 2007 the current selling price of that model (if they had it in stock -which they don't is now $1300) so guess how much you get towards a new TV? :-) Actually to be fair to Best Buy.. you'll probably get the very cheapest 61" in the store.. even if it costs more... some store managers might try to force you into getting an open box demo as a replacement ... based on the current sell price, with the arguement that your bought an open box orginally or that your TV is 1080i .. all the new are 1080p etc. - if your willing to spend more $$ sometimes they will apply the current sell price $1300 towards a new one.. other managers would give the $2000 - at my old store I could never get a straight answer on what actual company policy was from any manager on this.
additional warning
Since you live 'outside a Best Buy area" and Best Buy has a 3rd party contractor doing the visit IT IS EXTREMELY IMPORTANT that they do NOT remove the TV from your home. and that everything the Tech does or says.. that you call Best Buy and make sure it's approved and they will pay for it..
I've seen other cases where 3rd party contractor on behalf of best buy took a customers TV to there shop, the customer and the repair store agreed on repairing items costs etc. without consulting Best Buy for approval.. when it came time to pay, Best Buy refused as the service plan doesn't cover cosmetic damage or addon's etc.. & that your service contract is with Best Buy, not the third party.. so you made a private agreement with them... (in other words you shouldn't have called them directly just Best Buy) they refuse to Pay... the repair store wants paid & is refusing to return the TV to you - because they got you to sign some of thier own paperwork (non best buy paperwork) - remember possesion is 9 points of the law.
my advise.. if your getting a TV repaired at Best Buy, you should expect to be without a TV for at least 2-4months. in other words buy a new one.. and if your TV is ever fixed.. sell it to someone else..
this is another common ploy with New installs of Appliances..
say best buy charges a flat fee to a customer (for example $100) to install an oven for a standard install.. the 3rd party installer (differn't companies /installers depending on your local market) is probably paid $25 for the job, since they were the lowest bid for the contract..$75 to best buy.. of course, your install, isn't going to be Standard.. $200 to trim to fit the oven.. then maybe a new 220V circuit breaker or Box.., an electrictian city permits etc. $300 this is how the 3rd party installers make money.