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Article #12306

Please read ! I have a consumer complaint.

#12306
From: John Chan
Date: Thu, 18 May 1995 00:00
88 lines
5279 bytes
I had a pretty bad purchasing experience as follows:

5/11	I called a manufacturer (AMP) to request several distributors 
	toll-free number for quotation on an AMP voltage regulator 
	(part # 560594-1) which used to convert 5V to 3.3V for 486 CPU 
	and I got 3 distributors which are Hamilton Hallmark 
	(1-800-423-8662), Times Electrons (1-800-448-4633) and Miseal(sp?)
	Industry (1-800-522-0084).

	I then called each of them and found out the actual price.  
	I chose Hamilton Hallmark because Times told me I had to meet
	a minimum order of 2 and there is a minimum order of $50 for
	each purchase.  The part I ordered is around $38.  Miseal(sp?) 
	told me they sold it at around $55.

	When I placed an order, I paid by my credit card and I requested
	only one AMP and the salelady told me each piece would cost me 
	$38.67 and $11.25 for UPS 2nd day shipping.  I would only think
	the total amount is around $50 and the salelady never mention
	anything about total amount or return policy.
	
5/16	I received the mail sending from North Carolina, that I believe
	it's the location of Hamilton Hallmark's warehouse in the afternoon
	(13 and 14 are Sat and Sun) and I found there were 2 AMPs in the 
	box and no invoice in the box.

	I then called back to Hamilton to ask them why they sent me 2 
	instead of 1 and the same lady told me they had a policy of 
	minimum order of $50.  In order to reach $50 balance, they sent
	me 2.  That's why they sent me 2 to $50 order.

	When I asked more instructions about the part because there is 
	nothing to tell me how to use the part and she seemed to know 
	nothing in using it.  She just told me she could order something 
	more for me if I have the part number She also didn't mention
	me any return policy if I am not satisfied with the part or the 
	amount I was paying at that time.  At that time, I want to make 
	sure whether it works for my system and try it on next day first.

5/17	I tried the part with my CPU and motherboard and I couldn't make
	it work.  Then I decided to return it at that time.  When I called
	back Hamilton Hallmark,  there is a guy who told me the previous
	lady that I used to talk was not in the office and I had to talk 
	to her in order to return the part.

5/18	I did call back and talked to the same lady.  She was telling me
	if I was going to return it,  I had to pay $50 restocking fee.
	I am so unhappy because $50 was really too much as a restocking 
	charge but she kept saying it wouldn't be enough to cover their
	return expense.  I then requested to talk to their manager, but
	she kept insisting they sent me the right part and she could let
	me get replacement if the part was wrong or defective.  There was
	still a service charge of $50 to return it.  She also told me
	the total balance is $95.17 which consists of $38.67 x 2 = $77.34
	for 2 piece of AMPs + $11.25 UPS 2nd day shipping + $6.58 sale 
	tax.  I then asked why they put a sale tax on my order since
	I am located in California and the sale office is at Tempe, AZ
	and the warehouse is Oxford, NC.  She told me any personal order
	or non-reseller order would have to pay sale tax even it is 
	out-of-state.  Then we terminated our call.

	I called my credit card company after that.  The representative
	advised me I could consider it as dispute charge if it was not
	the original amount I authorized and I could call the Chamber of
	Commerce at the city location of that company to file a complaint.
	
I am really sad about what this happened to me and I am definitely trying
my best to find out my consumer rights on this issue.  Before I contact 
any government party, I would like to listen any opinion on my questions.

*  Is any merchant able to change my order to reach the value of their
   minimum order without letting customer know and charge the amount on 
   their credit card?
 
*  If I don't like anything I ordered, do I always have rights to get 
   full excluding shipping charges?

*  Is restocking fee legal if the customer doesn't know it?  I would 
   consider a small amount of restocking fee acceptable.  But how can
   you have guildline on setting up restocking fee upon return item?

*  Is it really true I had to pay sale tax under this circumstances?
   Why don't I need to pay sale tax for every mail order then?

I really need help from anybody who know where or who I can contact to
settle down this issue.

John
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From: jcchan@netcom.com (John Chan)
Subject: Please read ! I have a consumer complaint.
Date: 1995/05/18
Message-ID: <jcchanD8sI15.6tC@netcom.com>
X-Deja-AN: 102858328
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sender: jcchan@netcom4.netcom.com
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