Legal Question in Business Law in California

Rebates

I would to include a clause in my sales receipt that customers sigh about rebates. We wish not to be held liable if someone does not get their rebate from a utility company or vendor. We do not issue rebates nor promise them. Nevertheless, recently, one of our customers filed a small claims case against us and we lost because he did not get rebate fro the local utility company. He claimed he only bought the particular washer due to this rebate. How would I properly phrase a clause like that to prevent future losses?


Asked on 1/24/08, 6:04 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rebates

It would be helpful to know why you lost in Small Claims. Sometimes Small Claims judges make mistakes. On the other hand, maybe the customer's inability to get the refund, or his thinking he would get one, was truly your fault.

If your in-store signs or other advertising are creating a customer expectation of a rebate, when the rebate may be unavailable, it is unlikely that a small disclaimer in a sales receipt will afford you much protection. The customer expectation should be dealt with at the source (if possible) not at the cash register.

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Answered on 1/24/08, 7:03 pm


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