Complaint Review: Walmart Stores Inc. - Aurora Ohio

In Ohio any promises written on a retail package are part of the "Warranty of merchantability."  Ohio Revised Code Sec. 1302.27(B)(6).  Theyonly way under Ohio law to disclaim that warranty of merchantability is by expressly (assuming you can undestand that word, Walmart) disclaiming that warranty, using the word "merchantability" - which you did not and do mnot do, Walmart.  So the warraanty that you failed to disclaim inccludes: "Guaranateed to work or it's free."  Walmart, you both failed to disclaim that warranty as a matter of law and admittedly refuse to abide by it. 

The words on the package are also an "express warranty" by operation of Ohio Revised Coode Sec. 1302.26(A)(1).  

This will be fun.

 Typical internet wanna be a lawyer. Please leave the law to the lawyers as you fail to acknowledge basic commen sense. You claim that you are injured due to finding out the warranty info AFTER your sale. The REALITY is that you failed to read BEFORE you purchased it. By displaying the product openly, Walmart and many retailers skirt that portion of the law. They instead place the responsibility of the purchase on YOU! In this instance you failed to read. By not using a basic skill such as reading at the time of purchase makes this all on you and the manufacturer. As such your complaint against Walmart is false and you just wish to whine and place the blame on them instead of doing what you are supposed to. Which is to contact the manufacturer DIRECTLY and take your issue up with them. The only way your example of the law works is if you ordered it sight unseen from Walmart on their word that it will do as needed. Since you purchased it in a store the very act of purchasing it FROM the store off the shelf negates your complaint. Not saying you shouldn't be upset, but really use your brain. You can read the big bright letters but not the little disclaimers. Then when it doesn't work you throw a fit in the store and online. Laws are NOT fickle, that's the people who interpret those laws. You perceive an injustice where there really isn't. You have all the tools to look up a small section of the federal statute and misread it intentionally to fit your situation, yet can not take a small amount of energy to contact the manufacturer who has made the claim. Stop being a lazy immature person and do it the right way. It always amazes me at the sheer slothfulness of the average adult.

Please call customer service and get your money back on whatever you paid for that legal knowledge. In any event, It's funny how people think laws work. You can write to the vendor and get a 5 dollar check which will take 6 months to arrive. 

Nice try  Walmart.  You only wish your customers could not read.

Federal law for decades says a "supplier" warrants at least "merchantabilty" - that goods are fit for their ordinary intended purpose - hrere tp unclog drains - unless that warranty is expressly disclaimed, using the word "merchantability" in the disclaimer prior to sale. 

A "supplier," by federal law, is anyone who makes a consumer product available, directly (Walmart) or indirectly (the manufactirer).  So by federal law, Walmart cannot foist off all point-of-salw warranties simply because it does not manufacture what it sells.  Surely, wlamart wishes that were the law.  But Congress prevented that argument forty-two years ago in the Magnuson-Moss Warranty Act.

Further, in Ohio, all "merchants" warrant that all consumer goods they sell are fit for their ordinary, intended purpose - here to clear clogged drains.  Walmart is a "merchant" with respect to to the drain cleaner because it regularly deals in that product, as well as other similar productss.  So in addition to the waranty of merchantabiloity it made under federal law as a "supplier," it made the same warranty as a "merchant" under Ohio law. (Probably in your staate too.)  Walmart would like to fool us in thinking otherwise, but it's a non-starter.

Under federal law, a supplier like Walmart also maks all the warranties that it communicated about the dain cleaner prior to sale: CLEARS TOTAL BLOCKAGES GUARANTEED OR IT'S FREE [capitalized in original]

Wlamart need have made no warranties, not even merchantability, if it clearly disclaimed all warranties PRIOR TO SALE. "But who would buy Wlmart's goods displayed with a sign saying Walmart makes not quarantee whatsever that the product will do what it is labeled to do and does not stand behind any of the wondersul promises on the backaging?

So why do suppliers and merchants come up with all this limiting language AFTER THE SALE?  Because they think we are suckers who can be scammed into letting them get away with selling  the products on the basos of a raft of fair-sounding words  but refusing to keep thier promises. 

Furthermore, and AGAIN, the manufaturer, Johnson, makes no such warranty so no one is willing to keep the promise "CLEARS TOTAL BLOCKAGES GUARANTEED OR IT'S FREE" [capitalized in original].

Nice long statute of limitations for actions on a written contract in Ohio, but I won't keep you waiting, Walmart. 

Truly inspirational reply post, Walmart.  You never learned when it's time to "fold 'em."

This will be such a pleasure.

DON't BE FOOLED.

Your reading comprehension skills are lacking.  Walmart has nothing to do with this Gurantee. 

If you actually read the terms on the bottle you would see this guarantee is in the form of some sort of rebate from the manufacturer that requires you to fill out a form and send them your receipt.