Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.3 4.3bsd-beta 6/6/85; site topaz.ARPA Path: utzoo!watmath!clyde!burl!ulysses!allegra!mit-eddie!think!harvard!seismo!columbia!topaz!jaffe From: jaffe@topaz.ARPA (Saul) Newsgroups: net.consumers Subject: Re: Is "NO REFUND/NO EXCHANGE" Legal? Message-ID: <2732@topaz.ARPA> Date: Mon, 15-Jul-85 11:42:52 EDT Article-I.D.: topaz.2732 Posted: Mon Jul 15 11:42:52 1985 Date-Received: Thu, 18-Jul-85 02:49:54 EDT References: <42400004@gypsy.UUCP> Organization: Rutgers Univ., New Brunswick, N.J. Lines: 29 There is actually a law that is part of the Universal Commercial Code which all states follow. The pertinent piece is the Implied Warranty of Merchantability. This means that if you buy something and it does not work or do what the manufacteror (or salesman) claimed then you can return it for a full refund. I'm not sure of the actual specifics but I have used this law myself several times in NJ to get refunds from stores that say no refunds. The basic idea of the law is to prevent merchants from selling you something that does not work for the purpose for which it was bought. I.E. a device that claimed to do a certain thing and doesn't or something that just doesn't work. I have also heard of cases where the stores were forced to give refunds or exchanges because they did not alert the consumer about the policy BEFORE the sale was made. The law says that any policy about no refunds etc, must be posted in a conspicuous place near the checkout counter. Of course if you don't get any results from the store when you go back to argue there is always small claims court. -- Saul Jaffe Systems Programmer Rutgers University ARPA: Jaffe@Rutgers UUCP: ...{harvard,seismo,ut-sally,ihnp4!packard}!topaz!jaffe