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I purchased a fridge at a used appliance store in Texas. The receipt states "First 90 days: if the Synergy Appliance fails to function during first 90 days, Synergy appliance will repair or replace it with one of equal value, at no charge to you. This is a full warranty (all parts and labor included)"

Perfect. If we have a problem, they will fix it. That is reasonable. Where it becomes an issue is that we purchased the fridge, and the fridge broke after being at my house for about 7 days.

I called them and asked them to replace it with something else in the store. They said that's not how they do it. First they need to try to fix it. Well, alright. Let's try that. I had lost $200 in food, but they weren't budging.

They came and did a repair to the fridge. The fridge is still broken. I called this morning and asked them if they could just refund my money because implied warranty would suggest this item is merchandisable, and it's not. They said no and said they called last week to come install new part but my voicemail was full. I have no call from them. Maybe they dialed wrong number.

Am I just stuck with a broken fridge that Cost me $700 plus my food loss? The rest of my food went bad so we can add another $100 for that. So I have $1000 piece of property that is non operational.

When we purchased the fridge they told us that they go through all of their appliances and make sure they are in good working order.

I never imagined that someone would sell me something broken and would not refund my money or at least exchange it for something that works. Sometimes good customer service trumps the no refund policy.

I think I am probably up the creek here, it thought I would ask in case there is something I don't know. I'm not even sure if Texas has an implied warranty law.

Thanks.

  • You have an express warranty in addition to any implied warranties not disclaimed or superseded by the terms "as is". You might be surprised by the change in attitude when you send a written demand via certified mail. – Upnorth Sep 21 '17 at 18:00
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You are the beneficiary of either an implied warranty of merchantability, under the Uniform Commercial Code in Texas, or a limited warranty in lieu of that which covers most, but perhaps not all of your losses (perhaps not the lost food).

The question is not whether you have a legal right, but what the sensible thing to do about it is. First read the language of their warranty carefully and see if you've missed any steps stating in writing and comply with them. Then, consider making a prompt demand for a refund in writing, reciting everything you have done so far to work with them to get it repaired. If they don't comply, sue in a limited jurisdiction court, pro se and complain to the Better Business Bureau and on social media.

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    The Texas court @ohwilleke is referring to is the "Justice Court" - Texas did away with what used to be called "small claims" some years ago, but even though this article calls it that, here's some useful information about how to go about going pro se in Texas: guides.sll.texas.gov/small-claims – mark b Sep 13 '17 at 19:07

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