Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
What is your return policy as to the oven?
We have a website "Customer.com. " The policy is posted on the site and indicated we DO NOT accept returns on pre-owned equipment. Did the customer know that? We do NOT have in writing anywhere that he saw that or agreed to it.How did this customer come to buy the oven from you? Call the office talked to one of the sales people and purchase using a Credit Card.
OK - so they bought a "used" oven from you - correct? I wasn't sure if it was "new" and then you were calling it "used" because they used it or what. Correct, It was pre-owned but re-manufactured by us.On your website - what does it say if there is a "dispute" where jurisdiction will be?
It shall be the Purchaser's responsibility to ensure that any equipment purchased fromCustomercom is the correct make and model ordered and fits all specifcations needed. The Purchaser must ensure that each item is installed and operated in a proper and safe manner. Purchaser also acknowledges that it may have to install or change guards, safeties, warnings or other components to ensure that the machine will conform to all laws, regulations, ordinances, codes, insurance requirements and industry standards. Purchaser agrees to defend, indemnify and hold harmlessCustomercom from and against all suits, claims, costs and expenses, including attorneys fees, for personal injury, death, property damage or loss revenue arising from the purchase, ownership or use by the Purchaser, Purchaser's agents, employees or independent contractors of the equipment purchased.In the case of legal actionCustomercom reserves the right to have jurisdiction in Kentucky State.
Does it say anything on your website if there is a dispute that it goes to arbitration or mediation or anything?
Under Arizona's Revised Uniform Enforcement of Foreign Judgments Act , any judgment, decree, or order of a court of the United States or of any other court is entitled to full faith and credit in the State of Arizona. A judgment creditor seeking to enforce a foreign judgment may make and file with the clerk of the superior court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. A notice of the filing of the foreign judgment and a copy of the foreign judgment is required to be mailed to the judgment debtor at the address given and the proof of mailing must be filed with the clerk. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. (ARS 12-1701, et seq.)
A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the superior court of the State of Arizona, and may be enforced or satisfied in like manner. (ARS 12-1702.)
Thank you for your answer. So even though he could claim he did not see/read or agree to the terms, I still can proceed?
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