Originally posted by: AgaBoogaBoo
Why should one customer have a product without defects, but since this one was sent one with an issue, he shouldn't be sent a new one?
In general, warranties don't promise to always make things "like new", but to fix any problems you have. Would you demand that they send you a new one even if they could fix the problem in the one you had?
In the end, they both paid the same, but one ended up with a refurbished product, and the other ended up with a brand new one that worked the first time. Their duty is not over until he gets what he paid for, it's as simple as that.
If you go to a dealership and they sell you a *new* car, but it comes with a big dent, so they just offer you a slightly used one, you would argue that, right? Why not in this case? Price difference is not a valid reason.
Actually, many states have 'lemon laws' about car purchases -- if they can't make it "like new", they have to either give you a new car or give you your money back. In some states the laws apply to other purchases as well. However, such laws usually only cover you for something like 30 days. After that it's up to whatever terms are in the warranty (if any).
If I bought a brand-new car and the engine failed after a week, I would demand that they fix it so it was "like new" or provide a comparable replacement engine (for instance, a rebuilt engine with new parts and <10K miles) with the same warranty coverage. But I wouldn't demand an entire brand-new car unless they couldn't or wouldn't fix it properly. If the engine failed after a year, and the dealer couldn't fix it but offered to replace the car with an identical one just coming off a 1-year lease with about the same mileage, you wouldn't think that was reasonable?
With computer equipment -- if it fails within a very short period of time, just about every store I've ever seen will let you exchange a non-working piece of hardware for an exact replacement with no fee. If it fails after months and months of use -- you no longer have a "new" piece of hardware, so I'm not sure why you would expect to be given a brand-new replacement if they can't fix the one you have.