Date: Fri, 8 Jun 2001 09:12:49 -0700
Reply-To: steve@SYNCRO.ORG
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Steve Schwenk <steve@SYNCRO.ORG>
Subject: Re: More on sears auto dept
Content-Type: text/plain; charset=us-ascii
Under probably every state's laws, the common law of
torts, and possibly some statutory consumer protection
laws, the store is liable for all damages proximately
caused by their negligence.
This would include OEM replacement parts (not junk
aftermarket parts), labor, loss of use damages (rental
car) and possibly other damages, depending on the
circumstances.
DO NOT let them off the hook. If not for yourself,
then as a citizen doing your civic duty. As I
mentioned before, sears and other big corporate chains
purposely hire unqualified, disloyal transient
employees whom they pay rock bottom wages and whom
they treat like garbage. This is their business model
for making the max amount of money off of us possible
(and selling unneeded parts...but that is criminal). A
natrual consequence of this model is that a lot more
cars get damaged and screwed up than would be the case
if the employees were more skilled, properly trained
and paid a decent wage. When presented with a claim,
the managers will do everything to avoid paying it. It
works. Most people will let it go or take less than
what they are entitled to. And these people thereby
help subsidize the giant salaries and bonuses for the
CEO and profits for the Corp., and help validate a
business model that is very destructive to our society,
in my opinion.
Look at the salary and bonus of the CEO of sears before
you agree to let them off the hook for less that the
FULL price of parts and labor. Sears is not poor and
does not need handoputs from customers.
I would go back and tell them that if they do not agree
to make full payment for parts and labor within 10
days, you will file a lawsuit. Small claims is more
than adequate and only takes 15 min to fill out. Once
a court finds liability (as they will here), damages
are easy to rpove. Just produce an estimate. But
chances are the 15 min spent filling out the small
claims form will be enough to make them pay in full.
Good luck!
Andrew Grebneff wrote:
>
> >Well, now that the auto dept. manager is back from vacation, I presented
> >him with the estimate from the local VW dealer for a new tank($495.05 ).
> >He said there is no way they would pay that. I spoke with his boss and
> >she agreed. They said they would pay if it were fender damage, but they
> >do not view a crushed gas tank as important! "As long as it's not
> >leaking..." The manager said they might have been willing to pay for a
> >cheaper aftermarket tank.
>
> Is there no consumer protection in the States? surely the law must require
> them to replace any part they damaged with an IDENTICAL part (though this
> might mean a good USED item).
>
> Andrew Grebneff
> 165 Evans St, Dunedin, New Zealand
> ph 64 (3) 473-8863
> fax 64 (3) 479-7527
> <andrew.grebneff@stonebow.otago.ac.nz>
> www.goingplatinum.com/member/vw1
> www.highyieldcrusaders.ws/ref.html?ref=vw
> www.aciimoney.com/index.shtml?vw1
> VW & Toyota vans, Toyota diesels and Macintoshes rule
| 
