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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Purchased zaktek interior/exterior protective coatings when

Resolved Question:

Purchased 'zaktek' interior/exterior protective coatings when buying a new car in Aug 2010 for $499 each. Bought the car, bought Zaktek, never received any Zaktek, I was told by the dealer that all their cars are treated... Then why did I pay $998? Clearly this is snake oil. How do I get my money back?
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Is Zaktek included in the written contract agreement?
Customer: replied 3 years ago.
Yes
Expert:  Ely replied 3 years ago.
Thank you, XXXXX XXXXX you inquired to them in regards XXXXX XXXXX failure to render what the contract states, and if so, what was their response?
Customer: replied 3 years ago.
I stated to them that I never received 'Zaktek' and wanted to cancel it. They said all of our vehicles are treated and that I should receive reminder calls every 6 months for Zaktek to be reapplied. I never received anything for my $998.
Expert:  Ely replied 3 years ago.
Thank you.

What you should do is threaten to sue, or do so. A demand letter with 20 days from receipt of them acting or you filing suit might do the trick.

You can file suit in small claims court for breach of contract. "It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract, breach of the contract, and resulting damages." Chartone, Inc. v. Bernini, 83 P.3d 1103, 1111 (Ariz. Ct. App. 2004).

Normally, businesses try to avoid litigation and it is likely that this would be concluded via this. If not, you have the right to litigate as explained above.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

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…if you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 3 years ago.
Are they simply going to say that all I had to do was make an appointment for the product to be provided? Are they going to say that I never gave them the chance to fulfill the contract? Do I have an obligation to give them the opportunity at this late date?

Here's the botXXXXX XXXXXne... Are they required to give me a refund if I request it, regardless of contract - because the product was not provided at any point in time, and in lieu of that, I've changed my mind about going forward with it, and therefore request a refund. Can they deny the refund? Is that breach of contract on their part or mine?
Expert:  Ely replied 3 years ago.
Well this all depends on what the contract promises.

If the contract says that they will automatically apply the treatment, then they should.

If the contract states that you have to make an appointment for them to do so, then you should.

If the contract is silent on the matter, then you are expected to solve this reasonably - making an appointment to have this done should not be a problem.

It is if they refuse to provide the service that allows you to sue. And yes, they can deny the refund if they are offering to make provide the service and you simply wish to back out, I am afraid, since then - you would be breaching the contract.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87606
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 16 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Alright and thanks, XXXXX XXXXX a 'warranty' that you're paying for and the consumer is obligated to bring it to them for reapplication otherwise the warranty is void. They really bend you over with this one, and they have their asses covered completely. Thanks for your help.

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