If I purchased a security system that is defective and the rep said they would replace it, should I have to pay for shipping to send the defective one back?

The rep said they would replace it, however they expect me to pay for shipping to send the defective one. Why should I have to pay for shipping on an item that never worked properly therefore their responsibilty? Is therea law that says they need to pay for shipping?

Asked on September 14, 2012 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the system was defective, the consumer should not have to pay for the shipping charge to return it or send out a working unit. The law requires the seller to provide conforming, working goods, so it is their obligation to get you a working system--they cannot pass part of the cost of fulfilling that obligation on to you.

That said, if they are determined to charge you, it would take litigation to either recover your money or force them to send you a unit without charge; it may be that it is more cost effective to pay the shipping charge than fight about it.


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