Legal Question in Consumer Law in Utah

30 Day Demo gone Bad!!

Agreed to a 30 day demo with company in Utah. The product did not work as advertised by their company. They claimed that the product would work with no modifications to our environment. After working with their technical support and making several changes the product still did not work. Reboxed equipment and requested RMA. There was no RMA sent but did receive bill for the product. Have contacted company several times requesting RMA. Sales Rep. refused to give RMA because it was past 30 days. They are now demanding payment in full. The product still has not been returned because of no RMA.

What are our legal rights on returning a product that does not work? They are not willing to take their product back because they do not have documentation that we requested a RMA before the demo time expired.


Asked on 2/23/04, 1:07 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: 30 Day Demo gone Bad!!

I am assuming that your request for the RMA was verbale, and you also have no evidence of the request. Your impass with the company can be resolved through a legal action (generally small claims court if less than $5000). Of course you now know the value of a writing. The outcome will depend on all of the writings you do have with the company. You may be able to get a telephone record of your call to the company which would support your claim of an RMA, while not decisive it is supportive. The company may also have telephone logs or recordings of incoming calls which you can subpoena if you file a lawsuit.

Your legal rights will also depend on the claims that they may concerning the product together with all attempts to repair. Collect all of the information, with dates and any possible witnesses. File your lawsuit. Good luck.

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Answered on 2/23/04, 10:29 am


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