mccollin
02-05-2003, 08:58 PM
There have been some discussions here about CompUSA's Technology Assurance Program or TAP... basically an extended warranty for $99 that covers failures or damage for 2 years. I'll start by saying that many people have had good luck with this... I'm not one of them.
I bought the TAP separately from CompUSA for a T-Mobile Pocket PC Phone Edition that I bought from Amazon.com. They knew this, they made copies of the Amazon.com receipt, and they told me that it was no problem. They sell the same phone... or so I thought.
My display got damaged, so I brought it in to have it replaced. They looked at it, spent a long time talking and looking and talking and looking. Then they told me that they would give me back what I paid for the phone because they don't carry that phone! I said wrong... there is only one T-Mobile PPCPE. They said I was wrong... we went back an forth. So I got the box and showed it to them... same phone. Guess what. Their SKU is different. Big mistake of me showing them the box, because that's the horse they road for the rest of the time.
That day, the manager told me that the phone was different and that the only option I had was a gift card for $449. I told him that was ridiculous because I'd then have to buy an out of plan phone at $724 to replace it. He said their phone was a different, more expensive phone, and they had NEVER sold it for less than $599... my receipt was for $449. I told him they regularly had their phone on sale for less than I paid... and he insisted that never had it been sold for less than $599. I asked for a full refund of the $99 TAP and they refused that as well. So I left.
Went home and through a dialog on pdaPhoneHome, came up with some new info.
Here is the FULL text in the TAP documentation of what the coverage is... no other fine print... this is it.
In the event your covered product fails to operate and cannot be repaired(including mechanical or electrical defect in your product screen), the Replacement plan will provide a one(1) time replacement of your original product with a product of equal or similar features, specifications, and functionality...
So, from this, I see that it doesn't matter if the SKU is different on my phone, they should still replace it... its a Pocket PC with 32M and GSM/GPRS capability.... right?
I also find that on the CompUSA website they are selling their SKU for .... $449... same price he said they didn't go under. And I printed out the in-store add from when they sold it for $299.
I went back in, armed with good reason, common sense, and the info I just added. Calmly and clearly laid it out. They still refused, except now the story has changed. Now they are arguing that their SKU includes the SIM card, and mine does not. Amazon includes the SIM card as a separate line item on the invoice at no charge. They argued that their phone wasn't "similar features and functionality" because of the SIM card. I showed him on my TAP receipt that the salesperson wrote that the SIM card was NOT PART OF THE TAP!!! And, I told him it wouldn't matter anyway, because I had to keep my SIM card to continue my plan... that he could keep the new SIM card. I told him that the SIM card was a $25 item from T-Mobile and he replied that he didn't know anything about phones, but that they have to pay $150 for a SIM card. I pointed out that they now sell the phone with the SIM card for the same price as my receipt, he said it was a different SKU. And I repeated to them that the part number on the phone is the exact same.
This is not the first such experience I've had with CompUSA that has ended with utter frustration. The only other extended warranty I ever bought from them went the same way. When I tried to use it, they applied policy to it that wasn't in the contract. In that case, they refused to do in-home service for an item that they sold me an in-home service contract for. No where in the agreement does it mention a SKU or a Gift Card as being part of this plan, but that is presented as my only option.... one that will result in my spending $300 to get my phone replaced with an identical part number device.
At this point, I'm trying to decide whether to cut my losses and just pay T-Mobile the $70 plus shipping to repair my phone, or to push this further up the flag pole.... CompUSA Corporate, Attorney General, etc. From my limited legal knowledge, I would guess that I could win a case here, but it would cost more than its worth. I reach this conclusion because the policy that they are clinging to is one that has nothing to do with the language in the contract. I could very easily prove that they have a product available that meets the definition in the contract. But the managers in this store simply dismiss the facts, and point out the internal policy that they have to follow.
If you have a TAP from CompUSA, be prepared for a fight when you try to use it. A SKU can change for many reasons.... like a firmware update... and they could pull this loop hole with anyone.
I bought the TAP separately from CompUSA for a T-Mobile Pocket PC Phone Edition that I bought from Amazon.com. They knew this, they made copies of the Amazon.com receipt, and they told me that it was no problem. They sell the same phone... or so I thought.
My display got damaged, so I brought it in to have it replaced. They looked at it, spent a long time talking and looking and talking and looking. Then they told me that they would give me back what I paid for the phone because they don't carry that phone! I said wrong... there is only one T-Mobile PPCPE. They said I was wrong... we went back an forth. So I got the box and showed it to them... same phone. Guess what. Their SKU is different. Big mistake of me showing them the box, because that's the horse they road for the rest of the time.
That day, the manager told me that the phone was different and that the only option I had was a gift card for $449. I told him that was ridiculous because I'd then have to buy an out of plan phone at $724 to replace it. He said their phone was a different, more expensive phone, and they had NEVER sold it for less than $599... my receipt was for $449. I told him they regularly had their phone on sale for less than I paid... and he insisted that never had it been sold for less than $599. I asked for a full refund of the $99 TAP and they refused that as well. So I left.
Went home and through a dialog on pdaPhoneHome, came up with some new info.
Here is the FULL text in the TAP documentation of what the coverage is... no other fine print... this is it.
In the event your covered product fails to operate and cannot be repaired(including mechanical or electrical defect in your product screen), the Replacement plan will provide a one(1) time replacement of your original product with a product of equal or similar features, specifications, and functionality...
So, from this, I see that it doesn't matter if the SKU is different on my phone, they should still replace it... its a Pocket PC with 32M and GSM/GPRS capability.... right?
I also find that on the CompUSA website they are selling their SKU for .... $449... same price he said they didn't go under. And I printed out the in-store add from when they sold it for $299.
I went back in, armed with good reason, common sense, and the info I just added. Calmly and clearly laid it out. They still refused, except now the story has changed. Now they are arguing that their SKU includes the SIM card, and mine does not. Amazon includes the SIM card as a separate line item on the invoice at no charge. They argued that their phone wasn't "similar features and functionality" because of the SIM card. I showed him on my TAP receipt that the salesperson wrote that the SIM card was NOT PART OF THE TAP!!! And, I told him it wouldn't matter anyway, because I had to keep my SIM card to continue my plan... that he could keep the new SIM card. I told him that the SIM card was a $25 item from T-Mobile and he replied that he didn't know anything about phones, but that they have to pay $150 for a SIM card. I pointed out that they now sell the phone with the SIM card for the same price as my receipt, he said it was a different SKU. And I repeated to them that the part number on the phone is the exact same.
This is not the first such experience I've had with CompUSA that has ended with utter frustration. The only other extended warranty I ever bought from them went the same way. When I tried to use it, they applied policy to it that wasn't in the contract. In that case, they refused to do in-home service for an item that they sold me an in-home service contract for. No where in the agreement does it mention a SKU or a Gift Card as being part of this plan, but that is presented as my only option.... one that will result in my spending $300 to get my phone replaced with an identical part number device.
At this point, I'm trying to decide whether to cut my losses and just pay T-Mobile the $70 plus shipping to repair my phone, or to push this further up the flag pole.... CompUSA Corporate, Attorney General, etc. From my limited legal knowledge, I would guess that I could win a case here, but it would cost more than its worth. I reach this conclusion because the policy that they are clinging to is one that has nothing to do with the language in the contract. I could very easily prove that they have a product available that meets the definition in the contract. But the managers in this store simply dismiss the facts, and point out the internal policy that they have to follow.
If you have a TAP from CompUSA, be prepared for a fight when you try to use it. A SKU can change for many reasons.... like a firmware update... and they could pull this loop hole with anyone.