Legal Question in Consumer Law in Texas

No returns for a special built car kit?

I purchased a remote control car from a company I found on-line. The company offered many custom upgrades that had been designed in-house to increase the performance of the remote control cars they sell. I used the car twice under normal conditions and then it would no longer operate. The battery unit became severly swollen, meaning that it had been damaged. I had to re-ship the car back to the company, to which they repield that I must purchase a repair estimate for them to even look at it. On top of that, they said because the car is modified, there are no returns on custom built cars. What is the implied warranty on a product like this, and how can they refuse a refund of defective merchandise?


Asked on 7/06/06, 5:21 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: No returns for a special built car kit?

It sounds more like a defective battery, and that should be covered under warranty. If something within the car was damaging the battery, and the car had been modified by the seller using their items, then a repair estimate is not unreasonable. If they find that one of their custom items is defective and causing the battery to fail, they should replace that item under warranty.

However, asking them for a refund on your customized car is unreasonable, and well outside the contemplation of warranties.

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Answered on 7/06/06, 5:47 pm


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