Compromise with Walmart

 Thursday DVD player died. I went to Wally World and ran into a difficulty. The one I bought was broken and they would not refund my money. Had a sleepless night with adrenaline coursing through my veins.

Finally cooled down and wrote this letter to the store:

To: Manager Aaron,

2550 Coors BLDV NW

Albuquerque, NM 87120

 

Dear Sir,

 

On June 15, 2023, I purchased a Sony DVD player in your store. I requested the salesclerk in Electronics to get the player out of the glass case it was stored in. She rang up the sale (see receipt 1 attached) and then saw that it had a reduced price on it.

She directed me to the service department to correct the problem. At the service department the clerk refunded the first purchase price and rang up the other price. (See receipts 2 and 3). The player was taped but did have hole in the front of the box.

I took the player home and found that the on/off button was broken. The remote had batteries in it which I replaced. The remote turned the machine on with a blue light visible, but it would not open the DVD tray. The button on the machine would not open the tray. This made the machine inoperable.

Returning to the store I expected to get a refund for a machine not in working order. I was informed that at the purchase I was told it was “AS IS” and not refundable. I do not remember hearing the salesclerk saying this. I was naturally upset for having paid nearly ninety dollars for a broken machine that was useless. A few words were spoken, but I did not utter any obscenities, though they did enter my mine and still do.

Under the U.S. Uniform Commercial Code: Section 2-314: 2 Goods to be merchandisable must be at least such are, c) are fit for the ordinary purpose for the which goods are used, d) run, within the variations permitted by the agreement of the even kind,…

In layman’s terms this means if I buy a DVD Player and it does not play DVD’s this violates the implied warranty of the product.

To insist that a product that is purchased is not refundable when there is the reasonable expectation that it will work as expected is illegal. This was not a scratch and dent defect, it was broken at the time of sale, and that is not covered by “All Sales Final.”

The item I bought was not on a table with a sign marked it as all sales final. I did not hear the words “All sales final,” because if I did, I would not have bought it.

I was willing to buy the player as new at the new price, as sales receipt 1 indicates. I am willing to buy this product if it is new at the full retail price, by paying the extra $29.36 if the $88.09 already paid is applied.

Your benefit is the sale of a product and a satisfied customer.

Took it to the store.

I now have a new DVD player and am content to have settled the matter.