The Art of Complaining. Phil Edmonston

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       The product is unsafe or defective; service is unsafe, inadequate, or incomplete — This principle holds true even if the product was sold “as is” or “without warranty” if the buyer can prove the seller’s bad faith.

       There has been false representation or misinformation — This applies when an important characteristic of the product or service was not as represented (cost, size, warranty, performance, etc.), or important facts were not disclosed (vehicle had accident repairs, home was formerly used as a bordello, or trip insurance doesn’t cover prior ailments).

       The product or service does not meet the client’s needs as expressed in the contract or promised in the sales representation — For example, a no-smoking room should be just that; gluten-free meals must be gluten-free.

       The warranty has been breached — This comes into play when the guarantee wasn’t honoured or differs in its application from what was promised. Since the warranty is considered to be an integral part of the contract, when it is breached (not honoured), a full or partial refund and punitive damages can be claimed from the seller, warranty company, or manufacturer. Prudent plaintiffs usually hold all parties equally responsible and let the presiding judge decide how to apportion blame.

       Consumer-protection law is violated — Even if the seller is contravening only a technical requirement of the law, like not giving the buyer a copy of the contract, the contract can be cancelled. In some used car cases, buyers who had paid too much were able to get their money refunded because the mileage written on the contract was incorrect or the warranty wasn’t clearly stated. Judges take a dim view of standard-form contracts that aren’t in conformity with the law. In fact, many consumer-protection laws require that the judge give the consumer the edge when deciding responsibility.

       The product or service doesn’t last for a reasonable period of time — A judge has the final say as to what is a reasonable period of time; the court’s decision prevails over the contract’s guarantee. This rule applies to all products and services, from car repairs to tummy tucks.

       Delivery is delayed or the price is boosted — The seller must respect the delivery date and price given verbally or written on the contract. If there is no promised delivery date, the court will decide what is a reasonable wait based upon the industry norm.

       Parts availability or after-sales servicing is inadequate — There is no legal requirement that manufacturers provide parts and service beyond the warranty period. However, judges can refund part of the purchase price and award damages, even if the warranty has expired, if a product’s reliability or durability is reduced due to poor servicing or an inadequate supply of replacement parts.

       A “fix” doesn’t fix the problem — When the seller’s corrective warranty repairs don’t fix the problem indicated on the work order after repeated customer visits, the seller and/or manufacturer should either replace the product or pay for repairs elsewhere. If the warranty period runs out during repeated repairs, coverage for the uncorrected problem must continue until it is fixed.

       A secret “goodwill” warranty extension isn’t honoured — Carmakers and computer manufacturers often extend their warranties long after the original warranty has expired. A problem occurs when the company applies the longer warranty in the United States only, or restricts its extension to specific regions. For example, Firestone/Bridgestone tried to limit its tire warranty extension to cars registered only in hot-weather states, until the courts showed this was impractical because cars registered elsewhere could have a catastrophic tire failure when driving through a warmer region, or after having moved to the warmer state. Incidentally, carmakers still routinely restrict their post-warranty free repairs. Fortunately, in Canada, showing a service bulletin (like the ones shown below) will usually get the free repair. (See a comprehensive listing of current secret warranty extensions in the 2014–15 Lemon-Aid New and Used Cars and Trucks guide.)