Ordered used car part, wants money back

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Question

Country: United States of America
State: Michigan

I live in Michigan; I ordered a used transmition from a company in TX. This part is used; I know it's a crap shoot as to how good it is. They gave a 90 day warranty on the part. NOT labor. However! AFTER my mechanic installed this thing, it does NOT work. Will not shift into second or over drive, and a hold light stays flashing. At my request, and with me in the room, I had him call TWO other transmition specialists. Just to see if there is any chance HE could have missed something. (He is a general fix all mechanic, not a specialist.) BOTH seem to agree it's an internal sensor inside this transmition. Pro Transmition said "It's NO GOOD." I was told BEFORE I bought this thing that it "has been tested." It never should have passed. Now, I will have to pay the mechanic to put in, then remove this worthless part. I'll of course have to pay him again when a replacement comes. There will be several days between him getting the bad part out and a new one arriving. He needs to put the axel back on to get my car out of his way. MORE LABOR! The company is basically telling me that's too bad. ALL they will do is send me a replacement part. (Which now I don't want. If they sent me one bad one, why wouldn't they do it again?) I SIGNED a contract with them about this part only warranty. AND it states something about not being able to go directly through my credit card to reverse the charges. (Yes, red flags SHOULD have gone up over that one. My red flagpole gets clogged sometimes.) My legal question here is this. I read that "implied warranty of merchantability" states that you are suppose to get a part that does what it is sold to do. Since I NEVER had a working part. If it worked for five minutes then gave out that would be that. But it was shipped bad! Wouldn't that proceed and therefore void the part only, no labor, no refund end of that contract I signed? I mean, wouldn't that be a breach of contract on the sellers part? I don't suppose there is any way to make them eat the labor. Probably not worth hiring a lawyer over 250 bucks. But I DO want a full refund for their part AND shipping. I'll get a GOOD part elsewhere!
Finally, this company (who treats their customers like crap by the way) insists they want this part back to test for them self. (As they claim they already did!) They have already implied my mechanic is incompetent. Not so! IF they try and claim HE damaged this part, what can I do??? Should I pay to have it tested before I let them touch it? Sort of a CYA thing here?

Answer

Based on what you say here, you could probably file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney.you could try to collect all of the costs and damages that you suffered due to their behavior. You may also report them to your state attorney general's office. And you can still reverse the charge!