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  • Report:  #223377

Complaint Review: Best Buy - DeKalb Illinois

Reported By:
- Sycamore, Illinois,
Submitted:
Updated:

Best Buy
Sycamore Road DeKalb, 60115 Illinois, U.S.A.
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
I purchased a Samsung 42 inch HD plasma TV on 9/15/2006 for $ 1800. I specifically told the sales staff that I wanted to get the TV to watch football this year in HD. They did not inform me I would need a new Directv dish to get HD signal. They also told me that they would expect such a TV to last five to seven years. It took six weeks to get the new dish installed.

After the dish was installed, the TV looked great in HD for a couple of weeks. On 11/10/2006, I was watching the TV. The plasma started dripping from the top of the TV to the bottom. The unit died within two hours. Best Buy refused to allow for a return despite the fact that this situation obviously violated the Illinois Commercial Code with regard to implied warranties of merchantibility. As if it is reasonable for a merchant to sell a television set for $ 1800 and have it be in working condition for less than two months. Keith, the store's general manager at the Best Buy, tried to sell me an extended warranty retroactively for $ 400. Give me a break!!! Its almost laughable that the guy had just sold me an $ 1800 TV that did not even last two months and now he wanted more of my money. Keith also told me that he could not give out his last name and could not put me in touch with his direct supervisor. He told me to call the 888-Best-Buy number. Of course, they just give you the standard answer regarding their policies.

I then called Samsung, who contacted Best Buy customer service. Best Buy then sent out a service guy who confirmed that the TV was "dead." Samsung acknowledged that the TV was still under their one year express warranty. Samsung called me a few days later and told me that I would receive in-store credit from Best Buy. A couple of days later Best Buy called and told me that they would not give me in-store credit but would only exchange the TV for the same model. I obviously did not want another TV that was just like the one that had died. I wanted another brand or possibly an LCD, which I thought might last longer. Best Buy told me that it was their policy not to give in-store credit regardless of what the manufacturer wanted them to do. I asked why. They could not answer. Eventually I got a customer service supervisor named Will that told me that was the policy and he did not care what the reason was for the policy. He was extremely rude. He said I could not have in-store credit and that I should have bought the extended warranty at the time of purchase if I was worried about the Samsung breaking. Will also told me that I could not speak with his supervisor and that I could write letter to Best Buy in care of "Will's Supervisor" if I wanted to contact his superior.

I had never purchased a TV before that did not last at least five years. I would not have purchased the TV in the first place if I had known that there was problems with plasma TVs. I don't want to get another TV just like I had and have it break after the manufacturer's warranty expires. Even though there is implied warranties, it is going to be a real hassle getting anything done because Best Buy refuses to acknowledge those warranties. I don't want to have the same battle with Samsung if I just exchange the TV for the same model.

I have filed a complaint with the Better Business Bureau, but Best Buy did not respond to their first notice. I just want in-store credit or a refund of my money. I think that is very reasonable considering the fact that this TV cost $ 1800 and lasted less than two months.

I believe that Best Buy should change their name to "extended warranties" because that is all they are interested in selling. They seem to have forgotton about the implied warranty of merchantability in addition to other implied warranties.

Ted

Sycamore, Illinois
U.S.A.

Click here to read other Rip Off Reports on Best Buy


36 Updates & Rebuttals

Ted

Sycamore,
Illinois,
U.S.A.
Hardly Being Picky

#2Consumer Comment

Fri, May 11, 2007

Pony: I wanted to return the television to the retailer because it cost $1800, and it broke less than two months later. Best Buy sold me the television. Thus, they should have taken it back because two months is hardly a reasonable amount of time for an $1800 television. Your argument cuts both ways. As the television was still under warranty, then Best Buy could have also been reimbursed from Samsung instead of me. Best Buy could have made my life alot easier by just taking it back and then they could have returned it to Samsung. Best Buy is clearly just out to sell extended warranties. I have read articles stating that this is how Best Buy and Circuit City make about half their profit these days. Thus, it is hard to argue that its a good deal for the consumer. Be my guest in shopping at these places. You sure won't be seeing me there.


Pony

Dallas,
Texas,
U.S.A.
Being a little picky aren't ya?

#3Consumer Suggestion

Thu, May 10, 2007

Best Buy employees are not on commission, and if you were going to be so picky/upset maybe you as a consumer should have done more research on your own? The service plan price is based on the average cost of repairs and how many repairs are needed. The reason plasma service plans are so pricey is because 90% of the time if a plasma breaks the TV needs to be completely replaced. Which by the way if you had a service plan you would have had a new TV in your home Samsung or not. The problem you had was a manufacture defect, why you totally unloaded on Best Buy for not taking your return one month out of the return policy I don't know. The TV was still under the manufacture warranty, all you had to do was take it to Best Buy and they would have shipped it to Samsung FREE OF CHARGE TO YOU and had Samsung send you a new one. Plasma's are iffy TV's and it seems like you're blaming Best Buy a little more than you should for being uneducated on the televisions. When you buy a car are you going to believe everything the salesman says or are you going to research for yourself? Believe it or not there are people that work retail out there that don't know EVERYTHING. That's why it is very important as a consumer if you don't want to get 'ripped off' to see some things for yourself and make sure that the chances of your purchase going sour are minimal.


K

Daytona Beach,
Florida,
U.S.A.
Best Buy?

#4Consumer Comment

Sat, May 05, 2007

Why does this case show up under Circuit City? Hmmmmmm, sounds like a conspiracy. Someone, quick, call Mr. Stone.


Ted

Sycamore,
Illinois,
U.S.A.
Samsung gave refund in February

#5Author of original report

Wed, March 28, 2007

I finally received a check for 1729.00 from Samsung in February. The 42 inch plasma sat in my living room for four months junked, which is pretty strange because it only worked for two months. Best Buy did nothing, and I personally would never shop there again for an item that costs more than a few dollars. Its just too much of a hassle unless you want to spend big time money on extended express warranties, which of course you should not need because every state has implied warranties. I lost my sales tax to Best Buy of a little more than $100. Nonetheless, they had given me some Best Buy rewards zone money of $60 that I could use on cds or video games for my original purchase of the plasma tv. Thus, I figure I am out a little over $40 and a whole lot of time and energy from dealing with Best Buy. My suggestion is to do an internet review search before making a television purchase. You can find more inexpensive options from five star rated retailers. Its worth it to wait a couple of days to get the merchandise. Good luck to all.


Ric

De Pere,
Wisconsin,
U.S.A.
What a soap opera....lol

#6Consumer Comment

Wed, March 28, 2007

Guy's give it a rest (or break). The point of the matter is that Ted got screwed by Best Buy. And Best Buy will contuine to screw their customer. I love the lame butt excuse of Best Buy didn't make the the T.V. They only sold it. What a Joke Best Buy always use that line in not taking any responsibility in making things right.


Ted

Sycamore,
Illinois,
U.S.A.
Jennifer

#7Author of original report

Tue, December 19, 2006

I probably won't file a complaint because I received a refund from Samsung. I am out the sales tax I paid to Best Buy. When I originally posted here Samsung had not offered me a refund. As I could only recover the sales tax from Best Buy, it probably is not worth my time.


Jennifer

California,
California,
U.S.A.
I have no idea what this law you all are talking about is

#8Consumer Comment

Mon, December 18, 2006

But if you believe you are right about the law Ted, why not file a complaint to your state? If that is the law then you should be able to file a report on someone who is not following the law right? And if you are right about the law then the state would have to do something about it.


Cherie

Theodore,
Alabama,
U.S.A.
Best Buy's customer service second only to Circuit City's...

#9Consumer Comment

Sun, December 17, 2006

Best Buy has the second largest gathering of idiots working for them. No one in customer service ever knows what can be done to solve anything, no one knows how to transfer to a supervisor. I dealt with them ONCE. I had a problem with placing an order online, I called and the guy I spoke to was so unbelievably rude I hung up on him, then I called back in hopes of speaking to someone who wasnt a jackass...guess what? No such luck, I got a different, but equal jackass the second go round. I told him nevermind I would take my plastic elsewhere, and I did. Two months for a $1800 TV? Not bloody likely. I am NOT a lawyer so what Im offering is no where near legal advice, but I think that two months falls under "lemon laws" where I live. To everyone who told him to take the replacement TV: Why on earth would he want to purchase from them again? They have NO customer service, none, zip, zilch, nada. I would want my money back to so I could take it to a store that actually had customer service. True, Best Buy might have lower prices some of the time-but when you save that $20 keep in mind that you might be out the total purchase price if something happens to it even if you bought the warranty they offer. Then of course you have to factor in how much your time is worth-because you will be spending at least 2 hours a day on the phone with them for the next month trying to get someone to come fix the item you just couldnt buy from a decently run store. Ted, demand your money back, do a charge back on your card, whatever it takes to get your MONEY back, not store credit. If all else fails you can always load the TV on the back of a pickup truck, go park in the very front of Best Buy and place a sign on the front of the TV that says "Bought 2 Months Ago. See how well it works? Me either" and watch how long it takes before someone comes out to "assist" you in solving your problem.


Ted

Sycamore,
Illinois,
U.S.A.
I did answer the question

#10Author of original report

Sun, December 17, 2006

It is an objective standard of reasonability. In other words, would a reasonable person believe that a television was merchantible if it cost $ 1800 and lasted less than 60 days. Its that easy, and of course they would not. Of course it would be different if I had the television for five or ten years. Then my claim might be unreasonable. There is no set number under a reasonability standard. It depends on the circumstances. Nonetheless, less than 60 days is ridiculously unreasonable under an objective standard for an $ 1800 television. We don't live in a caveat emptor society. Best Buy has an obligation to stand by the products they sell regardless of their return policy due to the law of implied warranties. Like I said to Larry--what if Samsung had no warranty? You think Best Buy would be able to get away with selling televisions that lasted less than two months? That is laughable. The fact that Samsung had a warranty is not relevant to whether they owe me under the law because BEST BUY SOLD ME THE TELEVISION!!! The are a merchant and they should have fixed the problem. I chose to go to them first instead of Samsung because it was more convenient for me. They did nothing even though THEY WOULD HAVE HAD RECOURSE AGAINST SAMSUNG FOR SELLING THEM A DEFECTIVE UNIT!!! That is bad customer service, and there is not much else that matters. If you like that sort of service then be my guest in shopping at Best Buy. Why did Best Buy not give me the in-store credit that Samsung requested? Is that good customer service? No. They were just being jerks because I did not buy the extended warranty. As for the PSP, you can call it anything you want. It is an extended warranty. Power surges? C'mon. They are selling you something an insurance policy in case the product breaks after the manufacturer's express warranty expires. That is the definition of an extended warranty. Danielle, I can just as easily flip the question on you. What do you think the the law of implied warranty if for? Do you think it never applies to any situation just because you used to work at Best Buy? Its funny that you would defend a salesperson expressly stating that a unit would last 5-7 years when it lasted for less than two months. It shows a great deal about your credibility. Hopefully the brainwashing you got from Best Buy will wear off after awhile.


Danielle

Champaign,
Illinois,
U.S.A.
You did not answer my question

#11UPDATE EX-employee responds

Sun, December 17, 2006

Ted, you did not answer my question. How long is this "implied warranty" supposed to last? Also, how is it that Best Buy can post their return policies of 14/30 days here in the State of Illinois if it is illegal, as you say, to enforce them? If an item is defective, Best Buy is under no obligation to replace said item, with the exception of an item that cannot be repaired. So yes, they are obligated to abide by the manufactuers warranty. However, without purchasing a PSP, you would be responsible for transporting the television into the nearest store or paying for the service call. Parts and labor are the only things covered. The salesman telling you that the television should last 5-7 years would not hold up in court. Sorry. It was a verbal statement that rarely holds up in court and the individual in question does not have the authority to make guarantees such as that. Yes, the Performance Service Plan IS more than an extended warranty. I used to be an Operations Manager and District Trainer for Best Buy. Tell me, does any "extended warranty" cover power surges? I don't think so.. If the State of Illinois has this law, as you say, then why aren't there disclaimers in every manufacturers warranty as well as being posted in every Best Buy store? I would hardly think that the State of Illinois would allow any retailer to operate without posting and abiding by these laws. You know, it's people like you that want to dig up every little law and read it in your own way that causes prices on electronics to rise everyday. So, will you please answer my question since you are the expert? How long does a retailer have to honor these "implied warranties"?


Ted

Sycamore,
Illinois,
U.S.A.
Arrogant and Wrong

#12Author of original report

Sun, December 17, 2006

Danielle, the law is 810 ILCS 5/2-314. Its the implied law of merchantibility. It has been discussed previously in this thread. Where is your authority that Best Buy has clean hands after just 30 days because of their return policy? Sorry, but you don't have one because they are a merchant under the law stated above. As such, they must follow the law. It is irrelevant whether Best Buy knew the television was defective. They could have taken the television back and they would have had recourse against the party that sold the television to them--Samsung. The PSP is nothing more than an extended warranty. You can think otherwise, but you would be duped. Its a ripoff. Just do a google search on Best Buy and extended warranties. Its how they make their money these days. If the television had broke on the 366th day then Samsung knew they would be liable under the implied laws stated above. They admitted it to me when I called their customer service division. They said they help customers all the time when the express warranty is expired because they know there is implied warranties under all state laws. The salesman that sold me the television told me that he expected it to last several years. Sorry, but that is an additional express warranty made by Best Buy. The sales price makes all the difference in the world in the law stated above. The reasonability is not a subjective standard, but instead on objective standard. Nobody in their right mind would think it is reasonable to sell a television to somebody for $ 1800 and have it last for less than 60 days. Thus, Best Buy would lose in small claims based upon the standard that would be used. Remember, Best Buy did not even offer to replace the television--Samsung was going to replace it through Best Buy. You still think Best Buy is in compliance with the law? You need to remember that Best Buy did nothing here accept stand in the way of my satisfaction as a customer. As soon as the television went dead I called Best Buy. They immediately said that it was the manufacturer's problem and that I should have bought an extended warranty from them. They told me to just call Samsung. They further tried to sell me a retroactive extended warranty for $ 400! Thus, Best Buy did not even do what your car dealer did! Samsung told Best Buy to allow for a return and to give me in-store credit. Best Buy refused. Why?! Ultimately, Best Buy, Samsung, you, and me all know that this was Samsung's problem and that Samsung would have to either pay me or Best Buy for the problem. Thus, why didn't Best Buy just do what would make me happy?! Gee, if Best Buy would have just taken back the television on the day it broke I might have even accepted a replacement. Instead, they tried to claim it was not their problem! Calling me a fool is rather arrogant for somebody that does not even know that implied warranties exist. I got a refund from Samsung. I will get something more to my liking unlike so many consumers that just accept defective products. The reason we know that I did not intentionally harm the television is because Samsung sent out a technician to make sure of that fact. Have fun shopping at Best Buy. Maybe someday you can deal with their customer service and provide us with some comments then.


Danielle

Champaign,
Illinois,
U.S.A.
Please state the law.

#13UPDATE EX-employee responds

Sat, December 16, 2006

Ted, please state the law here in Illinois that says that Best Buy has a legal responsibility to refund you your money. How long did you expect this television to last? I agree with you, two months for a television to work is a little unreasonable. However, Best Buy is only required by law to stand by the manufacturers warranty. The fact that they offered to exchange for the same model and not just fix it is pretty incredible. Obviously, the television that you purchased was defective, however, Best Buy has no way of knowing this when selling items. That is why they have their 30 day return/exchange policy. Over that, you can purchase their Performance Service Plan, which is entirely different from an "extended warranty". Best Buy does not sell extended warranties. Their PSP will INCLUDE the manufacturers warranty and extend it throughout the terms of the PSP, but covers other options such as power surges and other defects that will occur during normal usage. It will cover the cost of having the technician drive to your house, rather than you having to drag the t.v. into the store. Hell, Samsung only warranties the t.v. for a year. If this television had broken on the 366th day, would you still be complaining? I bought a brand new car once and after 3 months and 5,000 miles, the transmission gave out. Do you think I demanded a new car from the dealer? No. By law, all I could do was have them fix it under warranty. For a television to last 5-7 years now days is not common. What you paid in price was not for quality, only technology. It irks me when people think that just because they paid a large sum, then the product should last longer. So you say that Best Buy violated Illinois code for implied warranties of merchantability. How long is this so called "implied warranty of merchantability" supposed to last? 1 year, 2 years, 10 years? You were offered an exchange for a new television and declined. You are a fool. No retailer is going to give you your money back or allow you to pick something else out more to your liking. How do we know you didn't intentionally harm the television after realizing that you did not purchase what you really wanted?


Ted

Sycamore,
Illinois,
U.S.A.
I am right about the law

#14Author of original report

Sat, December 16, 2006

Sorry Ryan, but you are absolutely wrong. The implied warranty of merchantibility protects consumers. "USC s. 2-315 - Implied Warranty of Merchantability: "Unless otherwise excluded or modified? a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind."" Best buy is clearly a merchant under the UCC because they sell televisions every day. The warranty is implied because I was the buyer and Best Buy was the seller. Sorry, but its true. Please post some authority for your assertion that the Attorney General's lawsuit against Best Buy was dropped. If anything, it was probably settled by Best Buy. Larry-OK, how about if I spent $1800 on this television and it melted 366 days later when the manufacturer's warranty had expired? You think that is reasonable? Sorry, but I don't think most people would think so. Samsung is really not the issue here, but we all know Best Buy would not do anything about this situation if Samsung did not have an express warranty. Its Best Buy that is the issue. They are a merchant and they sold a junk television to me for $ 1800. Its funny that you defend them because we all know that they could just have taken the return or have given me in-store credit. In that event, we all know that they would have been reimbursed by Samsung. Nonetheless, they put me through all this crap because I did not buy their extended warranty for $ 400. Do you really think extended warranties are a good deal when its obvious from the law stated above that their is an implied warranty? Too bad that Best Buy just ignores it. For some reason you guys believe that companies should be allowed to sell junk to people and get away with it. We don't live in a caveat emptor society. When a HUGE merchant like Best Buy sell you something, there is an implied warranty to protect the consumer. Sorry, but that is just the way it is. I definitely would have taken this to small claims if Samsung had not done the right thing. If you guys like Best Buy so much, then just keep shopping there. My story is meant to warn others that have not been duped into believing a merchant of television can clean their hands of junk plasma televisions by stating that there are no returns after 30 days. I mean, its just plain hard to figure why you guys can't understand that its COMPLETELY UNREASONABLE for a company like Best Buy to sell a junk television for $ 1800 and then not stand behind it regardless of their return policy.


Larry

Burbank,
California,
U.S.A.
now teddy

#15Consumer Comment

Sat, December 16, 2006

Of course it would not be right if there was no manufacturer warranty and Best Buy still refused to take a return after 30 days. However, there IS a warrenty on it by the manufacturer. If manufacturers didn't offer a warrenty then I'm sure Best Buy would not be selling their merchandise in the first place. As for Best Buy caring about their customers. Of course they don't care about their customers, no retail store does. They only care about the customer's money. That's why you have to be careful with your money and be responsible about it. If any retail chain truly cared about their customers, then they would be bankrupt. Regardless of what you way, the bottom line is that there was a return policy on the TV and after the return policy is up, it's no longer Best Buy's problem. When you turn down their warrenty you are agreeing that you do not wish to have any further service from Best Buy and you will deal with the manufacturer in the event something goes defective. And again, that's your problem, not Best Buy's.


Ryan

Nope,
District of Columbia,
U.S.A.
The Law

#16Consumer Comment

Sat, December 16, 2006

states implied merchantability is between the manufacturer and retailer, not retailer and consumer. Having the return policy posted is all they need. Also the Ohio attorny general dropped the lawsuit which was waaayyy back in 2003.


Ted

Sycamore,
Illinois,
U.S.A.
Larry

#17Author of original report

Fri, December 15, 2006

Larry, it is totally relevant as to who would be responsible if there was no manufacturer's warranty!!! Are you going to change your position and say that if there was no manufacturer's warranty then Best Buy would need to take the return? Best Buy breache the warranty of merchantibility. They sold a television for $1800 that lasted for less than two months. Maybe you think that is good, but I doubt most people would agree with you. The fact that Samsung bailed Best Buy out does not mean that you should trust Best Buy. The fact is that if Samsung did not have a one-year express warranty then Best Buy would still be claiming they could sell me a television for $ 1800, have it last for less than two months, and would try to get away with it by claiming I needed to purchase an extended warranty. That is not right and we both know it. Why didn't Best Buy just give me the in-store credit that Samsung wanted them to offer me? Again, it is very bad customer service. If Best Buy really cared about its customers they would stand behind the products they sell. Unfortunately, Best Buy only cares about one thing--the sale of extended warranties.


Larry

Burbank,
California,
U.S.A.
ted ted ted

#18Consumer Comment

Fri, December 15, 2006

ted to answer your question about would samsung get away with it if there was no manufacturer warrenty? Well, there is a manufacturer warrenty, so that is irrelevant and a dumb question. As for whats her face up there, yeah we're all definately on Best Buy's payroll. They pay us money to sit online at night and rebuttal to postings on here *sarcastic*


A. N.

Bridgeton,
Missouri,
U.S.A.
"Its hard to believe anyone would defend them"

#19Consumer Comment

Thu, December 14, 2006

Ted, I can understand why you would say "Its hard to believe anyone would defend them". After reading everything said here I thought back to see if I could remember if I knew anyone that doesn't have some kind bad luck story about dealing with best buy and I could think of no one. Whenever someone I know talks about going to best buy the conversation always leads to stories about bad dealings from best buy, but because of "THE PRICE" they are going to try one more time! I can't help but wonder if the replies you have received are from people that are on the payroll of best buy?!?!? Or maybe they have never had to deal with best buy customer service. I hope things work out for you! Just My Opinion


Ted

Sycamore,
Illinois,
U.S.A.
Larry

#20Author of original report

Thu, December 14, 2006

You put an awful lot of faith in Best Buy. Obviously there are implied warranties. I don't think that many people would think it reasonable to sell a television to someone for $1800, have it break less than two months later, and then think they could get away with saying you have to return it within 30 days. Sorry, but what if there was no manufacturer's warranty? Do you honestly believe that BOTH Samsung and Best Buy could get away with this type of a transaction in a court of law? It is clear from my dealings with Best Buy that they are only interested in selling extended warranties. They tried to sell my one for $ 400 AFTER my television went dead! Its hard to believe anyone would defend them. Obviously they have many people fooled.


Larry

Burbank,
California,
U.S.A.
ted ted ted

#21Consumer Comment

Thu, December 14, 2006

If Best Buy was breaking the law, I'm pretty sure they would have been stopped by now. As the other guy said, lawsuits mean nothing. Anyone can sue someone for something, its whether or not they win which matters.


Larry

Burbank,
California,
U.S.A.
ted ted ted

#22Consumer Comment

Thu, December 14, 2006

If Best Buy was breaking the law, I'm pretty sure they would have been stopped by now. As the other guy said, lawsuits mean nothing. Anyone can sue someone for something, its whether or not they win which matters.


Larry

Burbank,
California,
U.S.A.
ted ted ted

#23Consumer Comment

Thu, December 14, 2006

If Best Buy was breaking the law, I'm pretty sure they would have been stopped by now. As the other guy said, lawsuits mean nothing. Anyone can sue someone for something, its whether or not they win which matters.


Larry

Burbank,
California,
U.S.A.
ted ted ted

#24Consumer Comment

Thu, December 14, 2006

If Best Buy was breaking the law, I'm pretty sure they would have been stopped by now. As the other guy said, lawsuits mean nothing. Anyone can sue someone for something, its whether or not they win which matters.


Ted

Sycamore,
Illinois,
U.S.A.
I am right about the law.

#25Author of original report

Wed, December 13, 2006

Best Buy did not lose the suit yet, but the settled a case by the New Jersey Attorney General that basically made the same allegations. The other guy said that I did not know the law. Well, its seems that the Ohio and New Jersey Attorney Generals must not know the law either. Obviously, I am being sarcastic. To answer Jamie's question, no I don't want another Samsung. I wanted to return the one that I had to Best Buy for a full refund. Best Buy has refused to deal with the Better Business Bureau as well. As they only owe me a little more than $100 from the sales tax I paid, I am probably not going to pursue a case against them in small claims as long as I get my refund that Samsung promised. To summarize, Best Buy has really bad customer service and they do not stand behind the products they sell. They responded to the Better Business Bureau that they were limited to doing what the manufacturer wanted. However, the manufacturer wanted them to give me in-store credit! This company is bad news. If you buy from them then just hope your purchase does not break. Otherwise, you better buy one of their rip-off extended warranties that you should never need anyway because all states have implied warranties related to the sale of goods.


Jamie

Midlothian,
Virginia,
U.S.A.
A lawsuit means nothing

#26Consumer Comment

Tue, December 12, 2006

Has best Buy lost that suit? Just filing a suit does not automatically make the charges valid. There's this thing called court. My question is now what do you want?! Do you want another Samsung TV?


Ted

Sycamore,
Illinois,
U.S.A.
I am right about the law.

#27Author of original report

Tue, December 12, 2006

Best buy did not waive the implied warranty because the return policy did not specifically state that merchantibility was waived. Additionally, the product was not sold "as is." Please read the law if you think otherwise. By the way, the Ohio Attorney General has filed a complaint against Best Buy. See this "Additional Consumer Sales Practices Act violations charged in the lawsuit include: failure to honor implied warranties of merchantability, substandard and/or inadequate customer service, and making false and misleading statements to consumers." I guess either the Attorney General is wrong or Best Buy's legal team is scrambling. Its pretty obvious that the retailer was unreasonable here guys. They sold me an $ 1800 television that lasted less than two months. If they stood by the products they sell then they would have taken it back regardless of their return policy. Nevertheless, the did violate the law in not taking it back and Samsung bailed them out.


Ryan

Nope,
District of Columbia,
U.S.A.
???

#28Consumer Comment

Tue, December 12, 2006

Actually Ted, I read this uniform commercial code law you keep refering to, and in it, the law states that implied warranty is that the product is fit for sale betwen the buyer and seller. It also states that an implied warranty is to quote: (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (3) Notwithstanding subsection (2) So in writing, Best Buy had its 30 day return policy and in writing, Best Buy had the parts and labor warranty of the particular television you were buying. Actually this law also says the buyer (you)should not hold the seller (Best Buy) liable in the course of purchasing goods. I hate when people buy from retailer's and then when they want a situation to go their way, start throwing random laws in the retailer's face w/o knowing the extent of said law. Don't you think Best Buy, with their billions of dollars and high priced legal team, also doing business in IL. for many years would be aware of any consumer laws and comply with them?


Ted

Sycamore,
Illinois,
U.S.A.
Extended Warranties are a Ripoff

#29Consumer Suggestion

Tue, December 12, 2006

They wanted $400 for the extended warranty. There is an implied warranty of merchantibility on all products sold by merchants such as Best Buy. Thus, there should be no need for an extended warranty if Best Buy followed the law. Unfortunately, the purveyors of extended warranties such as Best Buy have seemingly fooled the public and their employees into believing that the only warranties available are exress warranties. That is just plain wrong. I am sure Best Buy knows it, but they count on people like me not taking them to small claims.


Larry

Burbank,
California,
U.S.A.
should have

#30Consumer Comment

Tue, December 12, 2006

Well I guess you should have bought the extended warrenty then. And Steve, Best Buy employee's do not make commission off selling extended warrenties.


Steve

Bradenton,
Florida,
U.S.A.
Extended Warranties are no longer optional, here's why.

#31Consumer Suggestion

Fri, December 08, 2006

Ted, These new TV's are absolute junk, and the manufacturers know it. New plasma tv's are expected to last only 3 years. They are passing the warranty cost onto the consumers. This is the new scam. Most mfg warranties this year will only be 90 days, and you will have to return it to them at your expense. My best friend is in the business, and has been for 25 years. You would not believe the horror stories I hear. Best Buy retaliated against you because you refused the extended warranty. A retailer is required under their agreement with the manufacturer to administer the factory warranty for them, and this is done primarily at the time and expense of the retailer. However, if an extended warranty is in place, the extended warranty only requires that the mfg warranty has been in place at least 30-90 days before they will pay, and then the extended warranty picks up all costs of repair, shipping, service calls, delivery, etc. And the retailer and salesperson makes a hefty commission on the extended warranty. The problem is that there is a severe shortage of qualified technicians to repair these units, and even with an extended warranty, you could be without your unit for months waiting for repair. My freind Rick has customers waiting 3 or more months for repair. My advice, don't by a plasma or lcd tv unless you can afford to buy another one.


Ted

Sycamore,
Illinois,
U.S.A.
Implied Warranties Apply to Merchants

#32Author of original report

Fri, December 08, 2006

The implied warranty of merchantibility applies to Best Buy because they are a merchant of the good. It is clearly unreasonable to sell an $1800 television that lasts less than two months. Thus, Best Buy was in breach. Perhaps I was not clear regarding the exchange offered. Samsung has a deal with Best Buy to take the unit back pursuant to their express warranty. Best Buy NEVER would have offered to exchange the unit otherwise. Thus, they DID NOT honor the implied warranties that I am entitled to in the State of Illinois. Samsung specifically asked Best Buy to give me in-store credit so that I could get something more to my liking. Best Buy refused. This is awful customer service regardless. The only thing Best Buy is interest in selling is extended warranties. I should have known there would be a problem because as soon as it became clear that I did not want the extended warranty the salesman became rude and dropped me like a bad habit. Regarding the dish issue, I stated that the salesman at Best Buy told me I did not need a new dish. Prior to purchase I fully explained what type of dish I had to the salesman. He either intentionally misled me or did not know. Either way, I don't think I was wrong to rely on the salesman for that information. Please also remember that he stated the television would likely last five to seven years. Best Buy hardly stood by those comments after I left with the television. As a follow-up, Samsung has agreed to give me a full refund of my purchase price. This is very good except that it will take a full month to process the refund. I still have an outstanding complaint against Best Buy at the Better Business Bureau because I want a refund of the sales tax I paid to them which Samsung will not be refunding. Best Buy should have allowed for a return because they are a merchant that sold me a television set for $1800 that lasted less than two months. This is clearly unreasonable. As I said before, we don't live in a caveat emptor society.


Thomas

Anderson,
South Carolina,
U.S.A.
OK, Ted...

#33Consumer Comment

Fri, December 08, 2006

"The Uniform Commercial Code as enacted in Illinois grants consumers an implied warranty of merchantibility ..." and BB offered you a new TV as a replacement, which we can infer IS a merchantable unit until it is proven otherwise, can we not? So your point is? The cable or dish service MUST be upgraded to HD if you do not NOW have HD. I have NEITHER dish nor cable and I know that much. The TV will work with non-HD dish or cable but you will not get HD pictures.


Jamie

Midlothian,
Virginia,
U.S.A.
It's the manufacturer

#34Consumer Comment

Thu, December 07, 2006

Best Buy doesn't make the TV. I could see your point if they did, they are simply selling Samsung's product. The initial warranty is from the manufacturer of the product.


Ted

Sycamore,
Illinois,
U.S.A.
Ever heard of implied warranties?

#35Author of original report

Thu, December 07, 2006

The Uniform Commercial Code as enacted in Illinois grants consumers an implied warranty of merchantibility guys. Best Buy can hardly sell a television that lasts less than two months to somebody for $ 1800 because that is not reasonable. The fact that Best Buy chooses to ignore its implied responsibilities and stand only by its express warranties is very shady. It obviously has fooled many into believing that is the only type of warranty out there. We don't live in a caveat emptor society, especially when it comes to mega-retailers like Best Buy. By the way, the guy at Best Buy said that I would not need a new dish.


Jamie

Midlothian,
Virginia,
U.S.A.
What else do you want?!

#36Consumer Comment

Thu, December 07, 2006

First off, how is it Best Buy's problem that you did not research your cable/dish provider to see what you need? That's on you. Second, they are offering to replace the TV. What else do you want?! They don't even have to do that, so they are going beyond their normal policy to do that. From what I have read Samsung does make good TVs, you just got one bad one. Just because one died does not mean they all will!


Larry

Burbank,
California,
U.S.A.
Give me a break

#37Consumer Comment

Thu, December 07, 2006

You bought a TV that only has a 14 day return policy. A return policy is a return policy and if you did not agree to it, you should not have purchased the TV. Samsung is to blame. Somehow or another, they got Best Buy to give you an exchange. I think that is more than enough. If you did not want the same model TV then that is your problem. You should have done more research about plasma TV's before you bought this one. They are offering you a new TV, so either take it, or quit whining.

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