Legal Question in Consumer Law in Texas

Transportation charges are argued

I called and explained the problem that I was having with my golf car. It was purchased brand new 3 years ago and have had the same problem on a yearly basis. The company picked up my golf car and found that the batteries were defective. Since it was still under warranty the batteries were replaced free of charge. The company did, however, charge me for transporting my golf car to their facility and back.

When I called the facility no charges were discussed with me. They are stating that transportation charges are written on all of their invoices and that there are sign in their facilities as well. I have my original invoice and there is no statement about transportation fees. I have been in their facility on 1 occassion only 3 years ago and do not remember seeing these signs.

Since the problem was clearly defective product and I still responsible for transportation charges?


Asked on 12/09/03, 2:37 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Transportation charges are argued

Usually the warranty will state who is responsible for transportation, or where the warranty work would be done. If it says that the warranty work is to be done at their facility, and doesn't say that they'll pay the freight, chances are that you are responsible for the charges.

You can make the argument that the charges resulted from their defective product, and therefore they should reimburse you. Whether that flies or not may ultimately be settled by a judge.

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Answered on 12/09/03, 3:48 pm


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