Legal Question in Product Liability in California

I purchased a 50\" plasma tv from Sam\'s club clearance section for 499.99 in april 2009. The tv worked perfect. however, two weeks ago a line developed down the middle of the screen. I called sam\'s club extended warranty dept. (I purchased an extended warranty which start after the manufactures warranty stops). They referred me to VIZIO who provides a 1 year warranty from date of purchase. After verifying my purchase ( I had to fax in a copy of my receipt) I was required to email pictures of the tv and the problem. Vizio called and informed me that the tv would be replaced as this problem cannot be repaired. The next day I was told that they would not replace the tv because I bought it at a discounted price and they did not have any more in the warehouse and would only refund the purchase price. the contract states \"fix or replace\" not refund. how can I force them to honor the contract to replace the tv.


Asked on 7/31/09, 3:38 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Write Sam a certified return receipt letter stating all the facts and demanding they honor the warranty they sold you. Then take Sam to small claims court.

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Answered on 7/31/09, 3:41 am


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