Legal Question in Consumer Law in California

Contract/invoice clause

I suspect my new mattress is defective.(it looks like store model but definitly not as well made, somethings wrong with it) I financed this purchase. The invoice states ''no cancellation no refund'' only exchange; ''full invoice credit for equal or greater value''. The store has been evasive and difficult as to my questions on determination of defectiveness and the meaning of ''equal or greater value''. My purchase $ was 1000.00 the retail price was 1400. This store never sells anything at retail price.

Questions:1) Stores obligation if defective??

2) The term ''equal or greater value'' ??

Thank you


Asked on 9/25/05, 12:11 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Contract/invoice clause

the answers to your questions are as follow:

1) at the very least, your purchase came with express or implied legal warranties that ensure against it being "defective". thus, if the product is deemed "unfit" for intended purpose, you are well within your rights to a refund, exchange or to hold the seller liable period.

2) equal or greater value simply means the product you are purchasing/exchanging, would be subject to this condition, in which the store must exchange the defective product with another of similar or better value.

if you would like further legal assistance, contact us directly.

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Answered on 9/25/05, 5:04 pm


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