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Can Clerks/Cashiers Make a Corporation Liable?

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Can Clerks/Cashiers Make a Corporation Liable? pa19561009 02-18-2008
Posted by pa19561009 on February 18, 2008, 5:49 am
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A friend had a mid-range price laptop by a major manufacturer and
needed a replacement A/C adapter. Friend went to major computer-theme
national retailer (the store was in Virginia, where the retailer's
headquarters is also located) and asked for help from a clerk. Friend
asked for help because a visit to Radio Shack, to a knowledgeable
middle aged salesman, turned up a warning that universal A/C adapters
often do not work. (Radio Shack employee attempted to find a laptop
"tip" that would fit the D/C jack; and even though a tip was found, it
did not charge the unit.)

At this other, larger, computer-intensive retailer, a clerk used an
"open-box" universal charger to show that the charger would work with
the laptop. Clerk demonstrated which tip to use, and the sale was
finalized.

A month and a half later, the laptop began to have freeze.
Diagnostics all came up normal, but in under two months, the laptop
was dead.

The computer technician who did the diagnostics asked, first, if the
universal A/C adapter was "set" to the right voltage. Technician said
Hand's down, the problem is the universal adapter, the most common
cause of laptop failure. My friend did not know the answer to his
question, because the retail clerk never explained that the "brick"
part of the adapter has a variety of voltages to set the charger to.
In this case, however, the brick *was* set to the correct voltage:
14-17 Volts.

This weekend, friend was starting to part-out the disassembled laptop
to sell perfectly usable parts. When disassembling the universal
adapter, the discovery was made that the little baggy the actual D/C
tip should have come from--labeled "14--17 Volts" was vacuum-sealed.
Another little baggy, containing other tips, labeled "17--21 Volts"
was the one the clerk at the major retailer instructed friend to use.

The fact that the baggy with the correct voltage tips is vacuum sealed
led friend to ask whether corporation should be liable for the failure
of the laptop ($1200. in 2004). Brunch with a lawyer friend who
refuses to give legal advice elicited a terse nod. Hence, this
post.

The manager of the particular store where the adapter was bought
offered the non-response: "We sell an awful lot of K_______________
brand of A/C adapters. They're used for Hewlett Packards, Toshibas,
Lenovos, all kind of laptops. I can't be held responsible for the
actions of a clerk who no longer works here. Call the manufacturer of
the adapter."

But the manufacturer didn't demonstrate the application of a wrong
voltage tip. So who, if anyone, can be "implicated" in the failure of
a laptop that had not been malfunctioning before the universal adapter
was purchased?

Posted by Gordon on February 18, 2008, 12:18 pm
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>A friend had a mid-range price laptop by a major manufacturer and
> needed a replacement A/C adapter. Friend went to major computer-theme
> national retailer (the store was in Virginia, where the retailer's
> headquarters is also located) and asked for help from a clerk. Friend
> asked for help because a visit to Radio Shack, to a knowledgeable
> middle aged salesman, turned up a warning that universal A/C adapters
> often do not work. (Radio Shack employee attempted to find a laptop
> "tip" that would fit the D/C jack; and even though a tip was found, it
> did not charge the unit.)
>
> At this other, larger, computer-intensive retailer, a clerk used an
> "open-box" universal charger to show that the charger would work with
> the laptop. Clerk demonstrated which tip to use, and the sale was
> finalized.
>

Why didn't he just buy a proper manufacturer's transformer? they are NOT
expensive.



Posted by BigJim on February 18, 2008, 12:52 pm
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probably not unless the part was defective and cause the problem.
>A friend had a mid-range price laptop by a major manufacturer and
> needed a replacement A/C adapter. Friend went to major computer-theme
> national retailer (the store was in Virginia, where the retailer's
> headquarters is also located) and asked for help from a clerk. Friend
> asked for help because a visit to Radio Shack, to a knowledgeable
> middle aged salesman, turned up a warning that universal A/C adapters
> often do not work. (Radio Shack employee attempted to find a laptop
> "tip" that would fit the D/C jack; and even though a tip was found, it
> did not charge the unit.)
>
> At this other, larger, computer-intensive retailer, a clerk used an
> "open-box" universal charger to show that the charger would work with
> the laptop. Clerk demonstrated which tip to use, and the sale was
> finalized.
>
> A month and a half later, the laptop began to have freeze.
> Diagnostics all came up normal, but in under two months, the laptop
> was dead.
>
> The computer technician who did the diagnostics asked, first, if the
> universal A/C adapter was "set" to the right voltage. Technician said
> Hand's down, the problem is the universal adapter, the most common
> cause of laptop failure. My friend did not know the answer to his
> question, because the retail clerk never explained that the "brick"
> part of the adapter has a variety of voltages to set the charger to.
> In this case, however, the brick *was* set to the correct voltage:
> 14-17 Volts.
>
> This weekend, friend was starting to part-out the disassembled laptop
> to sell perfectly usable parts. When disassembling the universal
> adapter, the discovery was made that the little baggy the actual D/C
> tip should have come from--labeled "14--17 Volts" was vacuum-sealed.
> Another little baggy, containing other tips, labeled "17--21 Volts"
> was the one the clerk at the major retailer instructed friend to use.
>
> The fact that the baggy with the correct voltage tips is vacuum sealed
> led friend to ask whether corporation should be liable for the failure
> of the laptop ($1200. in 2004). Brunch with a lawyer friend who
> refuses to give legal advice elicited a terse nod. Hence, this
> post.
>
> The manager of the particular store where the adapter was bought
> offered the non-response: "We sell an awful lot of K_______________
> brand of A/C adapters. They're used for Hewlett Packards, Toshibas,
> Lenovos, all kind of laptops. I can't be held responsible for the
> actions of a clerk who no longer works here. Call the manufacturer of
> the adapter."
>
> But the manufacturer didn't demonstrate the application of a wrong
> voltage tip. So who, if anyone, can be "implicated" in the failure of
> a laptop that had not been malfunctioning before the universal adapter
> was purchased?



Posted by Cyclops on February 18, 2008, 1:15 pm
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pa19561009@yahoo.com wrote:
> The manager of the particular store where the adapter was bought
> offered the non-response: "We sell an awful lot of K_______________
> brand of A/C adapters. They're used for Hewlett Packards, Toshibas,
> Lenovos, all kind of laptops. I can't be held responsible for the
> actions of a clerk who no longer works here. Call the manufacturer of
> the adapter."
>
> But the manufacturer didn't demonstrate the application of a wrong
> voltage tip. So who, if anyone, can be "implicated" in the failure of
> a laptop that had not been malfunctioning before the universal adapter
> was purchased?

I had a similar problem with a Toshiba 445CDT back in 2000 and Circuit
City, the store manager refused to accept liability so, I waited on hold
to their corporate office for 3 hours until I got someone there and
started a complaint about an unhelpful store manager that denied my
service. They would not replace the laptop but I got a new adapter and
a new battery (which was what ended up having been ruined in the first
place) for my laptop, it took a long time though. Lots of phone calls
with incredibly huge times on hold.

Posted by pa19561009 on February 18, 2008, 6:24 pm
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>
> I had a similar problem with a Toshiba 445CDT back in 2000 and Circuit
> City, the store manager refused to accept liability

Bingo.

> I waited on hold
> to their corporate office for 3 hours until I got someone there and
> started a complaint about an unhelpful store manager that denied my
> service. They would not replace the laptop but I got a new adapter and
> a new battery (which was what ended up having been ruined in the first
> place) for my laptop, it took a long time though. Lots of phone calls
> with incredibly huge times on hold.

Well, in this case the whole laptop was fried. It required 16 volts
and apparently was getting more (or else they wouldn't have had two
little "baggies"). I told friend who is now using a P3 as big as
something from Get Smart that if the store does not have a disclaimer
somewhere in the store to the effect that the buyer of tech equipment
asks salespeople for help at their own risk, a small claims suit is in
order.

This wasn't a matter of said friend crossing the shopping center and
asking a clerk at Victoria's Secret how a universal A/C adapter
works. It was a matter of going into a store that specializes in
technological equipment--to the point of selling tech support
services. It is no more unreasonable for a customer to put faith in
what a salesperson at such a store says/demonstrates about a piece of
technology than it is unreasonable for a buyer of a g-string at
Victoria Secret to put faith in a lingerie clerk's claim that a size
12 will be too loose on a size 6 butt.

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