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LegalGround >> Do I have any legal options (Tv Repair)


1/23/09 7:29 PM
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SalaciousCrumb
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Member Since: 2/16/05
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I took my Samsung plasma TV in for repair in October. It was supposed to take 3-4 weeks. The repair shop still does not have the power card repaired. They sent the card to a 3rd party to be repaired, and every time I call they say it will be here at the beginning of the next week.

The week before Christmas, I called the 3rd party and they told me they didn't even receive the card until December 19, which was 6 weeks after I took it in to be repaired in the first place.

I just got off the phone with the owner of the repair shop, and he says if I'm not happy with the service I can come get my TV.

My question is, what can I do legally? The card itself is still at the 3rd party vendor (I called them today to verify after owner once again told me it would be ready on Monday.)

Am I entitled to a reasonable expectation of good faith when they told me it would be 3-4 weeks? What happens if I pick up the TV without the card and take it somewhere else? Can I sue the current repair shop for the price of a replacement card?
1/24/09 7:25 PM
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SalaciousCrumb
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Edited: 01/24/09 7:28 PM
Member Since: 2/16/05
Posts: 557
I was quoted, in writing, that a NEW card would cost $375 to install.

I'll have to check to see if the time frame was specified in writing.

It wasn't until I called the 3rd party that I found out they were just repairing my old card.
1/25/09 2:37 AM
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BarkLikeADog
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Unrelated to the legal question, that is one tough business now & I wouldn't expect great service anywhere you go. Essentially all consumer grade electronics are considered disposable & it's damn near impossible to get parts for anything anymore.

Not defending the original company in any way, just a heads up that anything mission critical that you can't get replaced same day under warranty, you're probably best off replacing outright & considering yourself blessed if you succeed in getting the original unit repaired & returned in your lifetime.
1/26/09 1:02 AM
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StephenL
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that dude that got bad service at the dry cleaner really fucked the owners' lives with his lawsuit.
1/26/09 2:34 AM
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jbapk
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StephenL - that dude that got bad service at the dry cleaner really fucked the owners' lives with his lawsuit.


That judge who sued because they returned the wrong pants? That guy fucked his own life up, he had to pay the dry cleaners attorney fees and lost his job as a judge.
1/27/09 8:11 PM
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goku
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turducken - I will use this as a way to review for the bar exam. The following is my analysis based on the generic common law as it applies to service contracts:

You have the required offer, acceptance, and consideration to form a bilateral contract with no valid defenses.

Do you have a written repair order/receipt/contract from the repair shop? If so, what does it say? The terms of this agreement will define your rights and responsibilities. Any oral agreements you may have made with the repair guy before entering into this written contract or at the same time you entered into it will not be admissible to contradict the writing.

The contract does not come within the Statue of Frauds, so even if there is no writing, it will be enforceable.

The repair shop delegated its duty to repair the power card to the 3rd party delegatee. The duty delegated is not of a personal nature, so the delegation will be valid, unless there is an non-assignment clause in the contract(which has the effect of barring delegations). The repair shop, as delegator, remains liable to you. The facts do not so state, but common business practices suggest that the 3rd party was paid consideration for the delegation, and as such becomes liable to both you and the repair shop delegator for non performance. In essence, this delegation makes you an intended third party beneficiary of their agreement.

If a court finds that the time lapse constitutes a breach, you can sue. The length of time appears to be unreasonable. If the breach is a material breach, your obligation to pay will be discharged.

In terms of damages, you can get your TV, have it repaired elsewhere, and if you can't get it done for the same price or less, you can recover the difference between what you had contracted for and the price you now had to pay + any incidental costs. So if the first repair guy said he would repair it for $100 and the next best repair shop you could find did it for $130, you could recover $30 from the first guy. Practically speaking, you are probably not going to have damages worth suing over(I could be wrong...don't know how much this TV stuff costs)



wow. reading all this I realize how much law school does not prepare you for the practice of law. I forgot most of this and I work with contracts every day.

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