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Got defective new item, seems very expensive to fix problem

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Posted by ATLANTIC CENTRAL on Tuesday, June 29, 2021 10:02 PM

maxman

 

 
rrebell

Well haven't gotten confirmation of delevery yet, who knows how long things take these days.

 

 

 

Did you not get a tracking number when you made the shipment?

 

From the west coast to Philly, that could take a few days........

I don't know about recently, but in the past their service department was not so busy this time of year.

So hopefully turnaround is quick.

Years ago when I sent a few things back, shipping was quick......but I'm only two hours from Philly.........

Sheldon

    

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Posted by rrebell on Saturday, July 3, 2021 7:17 PM

Well I never got the e-mail they promest but got the engine back. They replaced the board and decoder. It runs fine but is noisy compared to my other two of same item. Maybe running it in will help.

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Posted by rrebell on Monday, July 5, 2021 11:53 AM

Well the engine started to do the same thing again, makes me wonder if they accually did anything.

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Posted by SeeYou190 on Monday, July 5, 2021 11:57 AM

rrebell
Well the engine started to do the same thing again, makes me wonder if they accually did anything.

That stinks.

Sorry for all the problems you are having.

-Kevin

Living the dream.

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Posted by rrebell on Monday, July 5, 2021 3:43 PM

SeeYou190

 

 
rrebell
Well the engine started to do the same thing again, makes me wonder if they accually did anything.

 

That stinks.

Sorry for all the problems you are having.

-Kevin

 

Yea, good thing this was not my first DCC engine or first DCC sound one, would have surly given up on DCC. Been very happy with the other DCC sound from Bachmann includeing two identical engines.

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Posted by ricktrains4824 on Monday, July 5, 2021 5:12 PM

Ok.

2 things -

1 - Have you tested the unit with a DC power pack on a test track?

2 - Have you performed a factory reset of the decoder?

Ricky W.

HO scale Proto-freelancer.

My Railroad rules:

1: It's my railroad, my rules.

2: It's for having fun and enjoyment.

3: Any objections, consult above rules.

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Posted by davefr on Wednesday, July 7, 2021 8:49 AM

If I ever buy a brand new product that arrives damaged or defective, then I expect the reseller to take it back within 30 days. (you need to be prepared to pay the return shipping but many resellers provide a prepaid label).  I usually refuse any option to deal direct with the manufacturer since that's not who I bought the product from.

If the reseller refuses then it's pretty simple.  I simply put the sale into dispute with my payment sources. (either Paypal or a cc company).  They generally refund my purchase price and tell me to make the item available for pickup by the resller's courier. Most of these small online resllers accept Paypal and it's very easy to win a "not as described" claim. I believe Paypal even provides the shipping label.

 

For what it's worth Modeltrainstuff.com has been wonderful with returns. There's another company in the "Midwest" that's been absolutely horrible.  Paypal had to intervene.

 

 

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Posted by Doughless on Wednesday, July 7, 2021 12:22 PM

It may be a bad motor, especially if it made noise.  Decoders usually don't make a motor noisy.

I would always expect to return it to the manufacturer if its a factory defect.  Due to the nature of the hobby, many more retailers get screwed over by many more buyers than the other way around.

OP could simply buy another loco of the same kind, then swap out a bad decoder he had on hand, then claim the retailer sold him a loco with a bad decoder, screwing over the retailer because its the easiest one to screw over.

 

- Douglas

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Posted by ricktrains4824 on Wednesday, July 7, 2021 1:45 PM

davefr

 I usually refuse any option to deal direct with the manufacturer since that's not who I bought the product from.

If the reseller refuses then it's pretty simple.  I simply put the sale into dispute with my payment sources. (either Paypal or a cc company).  They generally refund my purchase price and tell me to make the item available for pickup by the resller's courier. 

First - You technically bought it from the manufacturer, just simply through their assigned "middleman." Store did not make said product to sell, nor did they "purchase all rights" to said product.

Most manufacturers use assigned "middlemen" (i.e. stores) to deal with 100's buyers for them. (Imagine trying to buy everything "direct" every single time. How long is your hold time???)

Second - The seller's clearly stated policy is that if defective, contact manufacturer.

If Paypal or CC refuses to enforce the clearly stated rule and instead sides with the buyer, then Paypal or CC company can be sued by seller for breach of contract. As can you, the buyer.

Don't like that seller's "all defects go through manufacturer" policy? Then don't buy from that seller. 

 

I also find it odd that, from the beginning of this thread, simple questions about the issue have never been answered, nor have simple suggestions been followed. If they were, it could have avoided this whole fiasco...

Ricky W.

HO scale Proto-freelancer.

My Railroad rules:

1: It's my railroad, my rules.

2: It's for having fun and enjoyment.

3: Any objections, consult above rules.

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Posted by davefr on Wednesday, July 7, 2021 2:32 PM

ricktrains4824

 

 
davefr

 I usually refuse any option to deal direct with the manufacturer since that's not who I bought the product from.

If the reseller refuses then it's pretty simple.  I simply put the sale into dispute with my payment sources. (either Paypal or a cc company).  They generally refund my purchase price and tell me to make the item available for pickup by the resller's courier. 

 

 

First - You technically bought it from the manufacturer, just simply through their assigned "middleman." Store did not make said product to sell, nor did they "purchase all rights" to said product.

Most manufacturers use assigned "middlemen" (i.e. stores) to deal with 100's buyers for them. (Imagine trying to buy everything "direct" every single time. How long is your hold time???)

Second - The seller's clearly stated policy is that if defective, contact manufacturer.

If Paypal or CC refuses to enforce the clearly stated rule and instead sides with the buyer, then Paypal or CC company can be sued by seller for breach of contract. As can you, the buyer.

Don't like that seller's "all defects go through manufacturer" policy? Then don't buy from that seller. 

 

I also find it odd that, from the beginning of this thread, simple questions about the issue have never been answered, nor have simple suggestions been followed. If they were, it could have avoided this whole fiasco...

 

 

1. No, "Technically" he did buy it from the reseller.  That's where $'s changed hands and that's the basis for a legal purchase contract.  (offer, acceptance and consideration). This was not a consignment sale.

2. This reseller's T's and C's do not clearly state that defective product must go to the manufacturer.  They do state this "Limit one replacement per purchase. In some cases, TrainWorld may choose to test an item prior to shipping. If a replacement product is tested and found to be free of defect, TrainWorld will not replace the item for a second time."  

3. If the reseller accepts Paypal as a payment method they agree to Paypal's T's and C's which provides provisions for customer returns/disputes.  (ie) Paypals policies take precedance when Paypal is the payment method. Same for credit cards. 

 

 

 

 

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Posted by rrebell on Wednesday, July 7, 2021 4:42 PM

Yes, notified TW and then Bachmann and shipped it off to Bachmann. Now that the second decoder went bad I know what the problem is but I  don't think the Bachmann people are in that paygrade. Basicaly the engine must have an intermintent short which will fry some electronic parts. Learned about this working with AT&T with a gateway that kept frying. Tech replaced about 1/2 dosen times, only finally found proublem when the short became solid.

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Posted by rrebell on Tuesday, July 20, 2021 11:48 AM

Well I just got a call from Bachmann, said the front truck had an issue, decoder and board fine, talked about excessive moter sound and they said a noisey motor is a noisy motor but as a curticy they would replace, maybe after all this, it will be fixed. Got to say the people in repair dept at Bachmann are very nice and listen.

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Posted by Doughless on Tuesday, July 20, 2021 12:21 PM

rrebell
talked about excessive moter sound and they said a noisey motor is a noisy motor but as a curticy they would replace,

This is the issue with me.  The consistency from one loco to the next is not what it used to be.  By one loco and it works fine, buy a second and there are strange noises.

And Bachmann does not make the motor or components, per se.  I assume they get batched shipped from the sub-producer and assembled by Bachmann.

Glad to see they will remedy the situation.  

- Douglas

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Posted by Doughless on Tuesday, July 20, 2021 12:26 PM

davefr

 

 
ricktrains4824

 

 
davefr

 I usually refuse any option to deal direct with the manufacturer since that's not who I bought the product from.

If the reseller refuses then it's pretty simple.  I simply put the sale into dispute with my payment sources. (either Paypal or a cc company).  They generally refund my purchase price and tell me to make the item available for pickup by the resller's courier. 

 

 

First - You technically bought it from the manufacturer, just simply through their assigned "middleman." Store did not make said product to sell, nor did they "purchase all rights" to said product.

Most manufacturers use assigned "middlemen" (i.e. stores) to deal with 100's buyers for them. (Imagine trying to buy everything "direct" every single time. How long is your hold time???)

Second - The seller's clearly stated policy is that if defective, contact manufacturer.

If Paypal or CC refuses to enforce the clearly stated rule and instead sides with the buyer, then Paypal or CC company can be sued by seller for breach of contract. As can you, the buyer.

Don't like that seller's "all defects go through manufacturer" policy? Then don't buy from that seller. 

 

I also find it odd that, from the beginning of this thread, simple questions about the issue have never been answered, nor have simple suggestions been followed. If they were, it could have avoided this whole fiasco...

 

 

 

 

1. No, "Technically" he did buy it from the reseller.  That's where $'s changed hands and that's the basis for a legal purchase contract.  (offer, acceptance and consideration). This was not a consignment sale.

2. This reseller's T's and C's do not clearly state that defective product must go to the manufacturer.  They do state this "Limit one replacement per purchase. In some cases, TrainWorld may choose to test an item prior to shipping. If a replacement product is tested and found to be free of defect, TrainWorld will not replace the item for a second time."  

3. If the reseller accepts Paypal as a payment method they agree to Paypal's T's and C's which provides provisions for customer returns/disputes.  (ie) Paypals policies take precedance when Paypal is the payment method. Same for credit cards. 

 

 

 

 

 

Its understood that a retailer is not responsible for correcting an item that is covered under manufacturer warranty, even if the defect was discovered upon receiving the item.  Whether the defect occurred before ownership or 90 days after, return it to the manufacturer.

If a retailer resold a defective product, or should have known the original item was defective, then the retailer should remedy.  TW wouldn't know that a loco has a bad truck.

Some general merchandise retailers are very generous with their return policy because it makes sense for them, but that doesn't apply to every retailer.

A sanctioned Dealer is not the same thing as a retailer.  The local dealership is representing the manufacturer.

- Douglas

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Posted by rrebell on Tuesday, July 20, 2021 2:11 PM

Kinda think I got a return to TW, subtle clues but nothing that could have been proved.

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Posted by Doughless on Tuesday, July 20, 2021 2:19 PM

rrebell

Kinda think I got a return to TW, subtle clues but nothing that could have been proved.

 

Do you think they knew or should have known the item was a problem?

- Douglas

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Posted by crossthedog on Tuesday, July 20, 2021 5:01 PM

leewal
I wish a store like Hobby Lobby could partner with, and order from, Walthers with store pick-up, like the hobby shop used to do,

I keep hearing language suggesting the LHS is gone, dead, a thing of the past. In many places I suppose modelers cannot easily get to a hobby shop, but if there is one within 20 miles I hope you are supporting it instead of acting like it isn't there anymore.

I drive 20 miles to my LHS, and I make the trip every couple of weeks, for Kadee couplers, track, cork, wire, little tools, and to look over the great deals he has on used rolling stock. My LHS guy has helped me fiddle with getting a new coupler on a vintage loco, helped educate me about wiring, and several times has thrown something on my pile "on the house" that he thought I could use -- a small manual turnout switch, for example. The only time something didn't work right, he took it back without any trouble. He's truly there because he loves model railroading and wants to help people enjoy the hobby. That, to me, is worth the drive, worth the gas, worth the time, worth paying whatever few dollars more for some items.

I don't support Amazon because every purchase I buy there hastens the arrival of a homogeneous and impersonal world I'm not interested in living in, plus "taking it back" when something is defective is a costly hassle (see above, QED). Your mileage may vary.

If I have to find something online, I find it on Amazon and then contact the manufacturer. Only rarely do I encounter a manufacturer that won't sell to me directly, for just a buck or two more. In those cases, I can usually find a similar product with someone who will. Just something to consider. We mourn the loss of the corner store and real human connections but we're torpedoing that world every time we shop with Prime. <--- All just my opinion, so feel free to say why you see it differently but don't flame me.

-Matt

Returning to model railroading after 40 years and taking unconscionable liberties with the SP&S, Northern Pacific and Great Northern roads in the '40s and '50s.

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Posted by ricktrains4824 on Tuesday, July 20, 2021 6:03 PM

When the LHS can not order from: Walthers, ESU, Athearn, Atlas, Intermountain, Scaletrains, TruColor paint, ModelFlex, new release Accurail, or anything in the past 5 years from Bachmann, you tend to start going elsewhere.

When they say they can, then you get burned because "the item you ordered through us never came in", you really go elsewhere.

When Amazon has grocery/otc meds/general merchandise items at 1/2, or less, the price of the store in town, you start ordering from Amazon.

Same with WallyWorld. If it's a big price difference, for the exact same item, you buy there.

When you pay almost 50% more from "shopping local", you don't. My pay did not go up by 50% to cover the difference.

I have worked retail for a long while, and have seen profit margins. Amazon, WM, and "homogeneous and impersonal" places are still turning profit. Otherwise, they could not charge the little they do. Absolutely no excuse for "local" to be so much higher priced. Enough for profit, yes. But not so much that it's uneconomical.

Complain all you want that "the little guy" is going under, but what other choice is there??? I either get it through who I can, at a price I can afford, or I don't get it at all.

Not getting it at all helps no one. And that really hurts everyone.

And realizing that buying from an "authorized dealer" means I must follow how the return/warranty is supposed to be done, even if through the manufacturer, as opposed to simply going back to the dealer? 

So.

Be.

It.

That simply means I call the manufacturer instead of the dealer calling them.

That is the point of a manufacturer's warranty. The manufacturer warranties, or guarentees, the item.

Not the dealer.

Don't want to deal with a manufacturer's warranty? Don't buy that product new. Buy used. Then, no dealing with the manufacturer warranty at all.

Just be prepared to fix it yourself instead.

And if your CC or PayPal, or anything or anyone else, continues without just cause to override company policies, forcing refunds, simply to please the customer, ignoring that the manufacturer says to send them the defective items, then guess what? Now, you are helping put those places out of business, and helping drive up prices for everyone else.

I'm not saying that if I order a Memory Foam Mattress for instance, but receive an Air Mattress, and you want to charge me for the return costs, or a return fee, that CC/PayPal, etc... can not step in. In fact, they should.

They should not step in on defective new merchandise under manufacturer's warranty simply because you don't want to deal with it.

Ricky W.

HO scale Proto-freelancer.

My Railroad rules:

1: It's my railroad, my rules.

2: It's for having fun and enjoyment.

3: Any objections, consult above rules.

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Posted by crossthedog on Tuesday, July 20, 2021 6:19 PM

ricktrains4824
When the LHS can not order from: Walthers, ESU, Athearn, Atlas, Intermountain, Scaletrains, TruColor paint, ModelFlex, new release Accurail, or anything in the past 5 years from Bachmann, you tend to start going elsewhere. When they say they can, then you get burned because "the item you ordered through us never came in", you really go elsewhere. When Amazon has grocery/otc meds/general merchandise items at 1/2, or less, the price of the store in town, you start ordering from Amazon. Same with WallyWorld. If it's a big price difference, for the exact same item, you buy there. When you pay almost 50% more from "shopping local", you don't. My pay did not go up by 50% to cover the difference. I have worked retail for a long while, and have seen profit margins. Amazon, WM, and "homogeneous and impersonal" places are still turning profit. Otherwise, they could not charge the little they do. Absolutely no excuse for "local" to be so much higher priced. Enough for profit, yes. But not so much that it's uneconomical. Complain all you want that "the little guy" is going under, but what other choice is there??? I either get it through who I can, at a price I can afford, or I don't get it at all.

Fair points, all. Just saying, we get what we buy. Your local hobby shops must be owned and operated by orcs and devils, truly evil characters. That has not been my experience.

Returning to model railroading after 40 years and taking unconscionable liberties with the SP&S, Northern Pacific and Great Northern roads in the '40s and '50s.

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Posted by crossthedog on Tuesday, July 20, 2021 6:30 PM

ricktrains4824
Amazon, WM, and "homogeneous and impersonal" places are still turning profit. Otherwise, they could not charge the little they do.

Yes, they could, and yes they do. They make that profit off of 1) other merchandise, not necessarily the items that a local hobby shop is selling, and 2) Prime subscriptions. They don't need to make a profit on everything. They only need to get you hooked on the convenience of Prime. I read (somewhere, I don't have the source, but I will add it if I can find it) that most Prime subscribers stop comparing prices after they've subscribed, assuming that Amazon charges less, when often they do not. I myself have seen many instances where Amazon is either not much less or the same price, and in some cases I have seen them with a higher price. It's the volume that works for them. But you know this, having worked in retail.

And I would turn your statement around -- the little shops -- distinctive and personal -- would not be closing up all over America if THEY WERE making a livable profit. I don't see my local hobby shop guy stepping off his rocket plane after a refreshing trip to space.

-Matt

Returning to model railroading after 40 years and taking unconscionable liberties with the SP&S, Northern Pacific and Great Northern roads in the '40s and '50s.

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Posted by ricktrains4824 on Tuesday, July 20, 2021 6:49 PM

crossthedog

Your local hobby shops must be owned and operated by orcs and devils, truly evil characters. That has not been my experience.

You want O gauge stuff? He's spectacular. Lionel, MTH, Williams, whole lot of it. Can get almost anything from those lines.

Looking for older (Pre-DCC) HO or N stuff? He has a good selection. Much more HO than N, but still decent in N. (I'm talking Riverossi, IHC, 1990's-2000's Bachmann, a few BlueBox loco's and cars, etc....)

You want something newer, or HO with DCC/Sound? Go elsewhere.

Anything recently done Atlas, Athearn, Bachmann, all Scaletrains or Walthers products, he can not get.

About 40 Miles away is a different LHS, and he can get almost anything you want. (Except ESU decoders?) Not worth the trip that far for standard supplies though. 

And my Amazon example? I'm not a Prime customer. Prime is indeed a rip-off IMO. But living "in the sticks" like I do, local shops simply can not compete.

WM, Amazon, eBay, and online stores gets 90-95% of all my purchases. Across all catagories.

Ricky W.

HO scale Proto-freelancer.

My Railroad rules:

1: It's my railroad, my rules.

2: It's for having fun and enjoyment.

3: Any objections, consult above rules.

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Posted by rrebell on Wednesday, July 21, 2021 1:32 AM

Closest real hobby shop is over 45 min away by car, by public transit it might just as well be the moon. Haven't been to the two that still exist since they got new ownership but I can tell you I was not impressed with the way people were treated before. Even all the so so hobby shops are gone, lets face it, they can not compeat and you still loyal to one, good for you and maybe your shop is great but I have been to shops all over the country and that is not the norm. In fact I am surprised at how badly run small buissness are on average but that dose make the gems shine. 33% of small buisnesses close within 2 years, 20% the first year and only half are around after 5 years (research by  banks). 

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Posted by SeeYou190 on Saturday, July 24, 2021 7:37 PM

rrebell
I have been to shops all over the country and that is not the norm.

I have visited over 50 hobby shops coast-to-coast over the last twenty years.

The vast majority of them are clean, friendly, and well run.

There are some that are awful, but these are rare.

Game stores on the other hand... these are nearly all awful, but simply rake in the money. Too bad train stores don't have the equivilent of a Friday Night Magic money cow to milk.

-Kevin

Living the dream.

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Posted by ATLANTIC CENTRAL on Sunday, July 25, 2021 9:04 AM

SeeYou190

 

 
rrebell
I have been to shops all over the country and that is not the norm.

 

I have visited over 50 hobby shops coast-to-coast over the last twenty years.

The vast majority of them are clean, friendly, and well run.

There are some that are awful, but these are rare.

Game stores on the other hand... these are nearly all awful, but simply rake in the money. Too bad train stores don't have the equivilent of a Friday Night Magic money cow to milk.

-Kevin

 

rrebell is the only person I have talked to with so many bad hobby shop/train store experiances. I have not been to shops all around the country, but I have been in more than my share here in the east, I have never been treated badly.

Were some shops cluttered or poorly stocked? Sure. 

Were some clerks less than knowledgeable? Sure.

But I was treated poorly by anyone.

There were two different shops around here years ago, both had owners who were a little burned out, but I only knew that becuase I had known them for many years when I worked in this business. They never treated customers badly.

Sheldon

 

    

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Posted by rrebell on Sunday, July 25, 2021 2:22 PM

I have been to at least 50 shops over the years. Used to be about 20 in my area, 2 are left and another one or two not worth going to.

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Posted by ricktrains4824 on Monday, July 26, 2021 12:59 PM

I've never been poorly treated in a LHS. 

The one closest to me just simply can't get new releases from most places for whatever reason. 

But I have never been treated poorly. 

Ricky W.

HO scale Proto-freelancer.

My Railroad rules:

1: It's my railroad, my rules.

2: It's for having fun and enjoyment.

3: Any objections, consult above rules.

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Posted by rrebell on Tuesday, July 27, 2021 10:56 AM

Well it looks like we are nearing the end of a saga. Last return from Bachmann was DOA, only moved an inch maybe, proubly from broken wire as they replaced motor. Train World is taking it back and issuing store credit and return shipping  label of original item with the damaged box and paint pealing off the handrails (all done by Bachmann at their repair shops). This was really all on Bachmann and they never offered a replacement or other offer.

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Posted by Doughless on Tuesday, July 27, 2021 11:35 AM

rrebell

Well it looks like we are nearing the end of a saga. Last return from Bachmann was DOA, only moved an inch maybe, proubly from broken wire as they replaced motor. Train World is taking it back and issuing store credit and return shipping  label of original item with the damaged box and paint pealing off the handrails (all done by Bachmann at their repair shops). This was really all on Bachmann and they never offered a replacement or other offer.

 

This is sad.  If TW had a repair department stocked with spare parts, they might have done a better job.

- Douglas

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Posted by ATLANTIC CENTRAL on Tuesday, July 27, 2021 12:23 PM

rrebell

Well it looks like we are nearing the end of a saga. Last return from Bachmann was DOA, only moved an inch maybe, proubly from broken wire as they replaced motor. Train World is taking it back and issuing store credit and return shipping  label of original item with the damaged box and paint pealing off the handrails (all done by Bachmann at their repair shops). This was really all on Bachmann and they never offered a replacement or other offer.

 

Sorry to hear Bachmann was not able to make it right, that is disappointing.

Sounds to me like they may have skilled labor issues........

Sheldon

    

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Posted by NittanyLion on Tuesday, July 27, 2021 1:24 PM

ATLANTIC CENTRAL
There were two different shops around here years ago, both had owners who were a little burned out

I'm assuming that one of these was the fellow that ran Peach Creek.  He was a gruff fellow, but I understand that he had a good reputation.

I often wonder if people who have experience in retail positions have a higher threshold for "bad treatment" than people with little or no experience.  I'm not sure I'd say I've been poorly treated anywhere, in any type of store.  Likewise, when I was a professional book selling guy, I don't recall intentionally treating anyone badly (even though ten plus years later I can tell you two people I really wish I had).

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