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Several months ago, my in-laws made a purchase of a chair and sofa from a
local Arizona LAzBoy store. They picked out the fabric and color of the
legs for each piece( all the same) and waited six weeks for the unit to
arrive.
Upon delivery we immediately noticed that the chair had dark wood legs( they
had ordered the natural oak), the sofa had the correct legs.
Then it was discovered that one armrest on the sofa had apparently been
manufactured incorrectly so that the foam from the center of the armrest and
away and around the remainder of the section was missing..no padding, it was
somewhat misshapen, but very noticeable when your arm rested on it.
additionally, the fabric they had picked out for the original looked
completely different in the lighting conditions of there home.( even after
having brought home a swatch...which in hindsight was not large enough to
provide an accurate color detail)
The delivery crew was informed of the issues and they were notated, the
manager would call back the next day. He did.
At this point he made it very clear that there would be NO refund on the
items( they hadn't asked for that YET). but he could send a crew to repair
the issues, or they could return to the store to pick out other pieces.
They decided they didn't want to repair the pieces and would take a look and
try to find something different. The unfortunate part is that they could
not find anything else in he price range they were willing to pay. They
then asked to be refunded the sale as they were unhappy with the condition
of the original. He refused, and issued a store credit( $2050.xx) stating
there store policy did not allow for refunds and showed us so on the back of
the receipt. I don't recall ever being told this policy when the sale was
made( I was there).
Now, IF the units had shown up in perfect condition, and they had decided
they didn't want them, or even for the color issue, I can see the store
policy, but my contention is that the units were imperfect from the factory,
the folks are now unhappy with the service/quality of the store and want to
shop elsewhere.
I am curious if anyone can point me in the direction of Arizona state law
regarding this...
I did find the following for Massachusetts that would seem to apply here,
but I wonder if there is something similar in Arizona.
"Under M.G.L. C. 106 2-314, 2-316A, by state law merchandise comes with an
automatic warranty which says that the product will function normally, for
its intended purpose, for a reasonable period of time. This is the implied
warranty of merchantability. If the product is defective at purchase, or
becomes defective during the period of the implied warranty, both the seller
and the manufacturer are responsible for making it right. For defective
goods, it is the buyer's option for one of the following: refund, repair or
replacement under the implied warranty. It is illegal for a merchant to sell
a product "as is" in Massachusetts."
Other options, can they charge back the sale?
can they sue in small claims? ( on what basis?)
Thanks
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