Legal Question in Business Law in California

Re: Problem with a business.

Demand exchange or refund. File suit if they refuse.

Re: Problem with a business.

You should be able to contact the company and inform them that they sent you something that does not work, stop payment on your credit card, and return the item. Written warranties don't really play a role when what you purchased never functioned at all.

Re: Problem with a business.

I certainly don't agree that written warranties play no role when what you received didn't work at all. The written (lawyers would call them express) warranties are in addition to an implied warranty of fitness and other conditions contained in, expressly or impliedly, in a contract for the sale of merchandise. You have a right to reject goods that don't comply with the terms of your order, period. Those terms, when you buy an engine, obviously include a term that the engine works.

What you should do is make an immediate demand for replacement, working, goods, including an offer to return the defective goods at the seller's risk and expense, or to make them available for the seller to pick up. By doing so, you will be complying with the Uniform Commercial Code (UCC) and keeping all your rights and remedies intact. Let the seller know that you understand express and implied warranties and the expectation of receiving goods in working order, that are merchantable and fit for your purpose (whether you understand or not, let them think you are a UCC whiz).

They will probably respond. If not, see a lawyer and let her or him know the dollar amount involved; the lawyer can then suggest an appropriate strategy to obtain a recovery against the seller.