I purchased a 73' Mitsubishi DLP Widescreen Television (WD-73735 SN: 100196) from Circuit City (400 N. Alafaya Trail, Orlando Fl, 32828 407-2739621) at 6:57PM on June 19th in good faith and with intention of years of reliability and enjoyment. (We also purchased a television stand, power/surge protector, HDMA chord, and Advantage Protection Planan additional $700-800 in accessories).
The young lady who sold the television to us asked us if we had a truck to take it home. I thought it would fit in my SUV. She said it was much too large and went and had it measured for us. She recommended that we go to Home Depot and rent a truck. We decided to go with a friend and his truck. PXXX drove over to the friend's house (she did not have her telephone with their number). This took about 35 minutes. We completed the purchase process and the box was loaded onto a friends pickup truck by store employees and a few of our friends in the store's customer pickup drive-up area. The television was delivered to my residence at XXXXXXXXXXXXXX Orlando FL, 32822.
My 14 year old daughter and I opened the television box by removing the packing straps. We lifted the box clear of the television and started to clear away the packing wrap on the television. I noticed that the right side of the television screen (facing the TV from front) was bowed out, protruding past the edge of the television. There was a good size gap that one could see what appeared to be mirrors laying loose on the bottom of the set. I took two pictures of the gap in the television screen and I later learned (at the store during return) that my daughter had taken a video of the damage and television during the unpacking with her cel phone). It can be seen from the pictures and video that the base of the television was still wrapped on all sides and that the screen is protruding.
I tried to call Circuit City to tell them the television was damaged but the store was closed (this can be seen on the video). It was decided that we would return the television first thing next morning. Pxxxx, our daughter, and I packed up the television. We had the cable people coming between 4-6PM and we wanted to get a good television in place. I rented a pickup truck because our friend was working and we loaded and delivered the television back to the Circuit City Store. Since we live in a mobile home all was necessary was to move away the outside stairs and slide the television carton out the door and right into the truck.
I went into the store and told a Circuit City employee that I needed to return a television because it was broken. He said OK and came out with a small cart. The television was unloaded by the store employee. I told him to be careful because the straps were not secure. He said no problem. I offered to help and he implied no need and pulled the carton off of the pickup truck to a push cart that was too short for the size of the box. It would tilt up and down and needed to be balanced. He walked the television to the front of the store and accidentally banged it into the door (he was expecting the door to open automatically). He asked me to go in and stand near the door so that it would open, which I did. I asked him if it was alright to leave the truck in the pick-up zone while we went through the exchange and he said it would be alright.
I went to the Customer Service desk and told them I wanted to return a television because it was broken. Both the person behind the counter and I walked over to the corner of the store where the television was left. I told him how I discovered the damage to the television during the unpacking. Two of the store attendants started to open the television box by opening from the top instead of just lifting the box off of the television. The person from behind the counter told them to stop and just lift the top of the carton off of the television.
When the box is removed another store employee pulls away the packing and pushes in the protruding screen back into the frame. (I thought to myself. Is that itall fixed?) No one has spoken to menot even the person who was at the counter.
I ask what the delay is and they say that they have to wait for "that man." (They in this case is the counter man, the man that took the television off of the truck and I believe two other employees.) The Man (later learned to be the Store Manager) comes to the box and says nothing to me or Pxxx. He looks at the box and then starts to examine in minute detail the television. I show him where the screen was protruded and one of the other store employees points out where it appears that there is something pressing against the screen from the inside. The Man moves the packing material from around the lower corner of the television and then walks away. I do not believe "the man" saw the protrusion of the screen because he arrived after one of the store employees pushed it back into its frame. He is talking on the telephone in the distance.
The Man eventually returns and apologizes and introduces himself as the the store manager and that he had spoken with the district manager. He said since there is no apparent damage to the carton and that there is damage to the set itself in the two locations (protrusion area and corner (surprisingly the corner that the store employee hit against the door) that Circuit City would not exchange or refund the cost of the television. At this point he has not asked me anything about the damagejust made an inspection, a telephone call and a decision. I was very upset. Pxxx is wondering what is going on and I tell her that they are not going to return or refund the television. She asks why and I tell her they believe that we have damaged the television. She says that this is not true and all we did was open the box. All of this fell on deaf ears.
The television costs $3000.00. I reiterated to the store manager that the only thing that we did was cut away the straps, lift off the box, clear away the packing and stopped when we saw that the television screen was protruding. He stated that the mirrors were broken and the corner of the television was broken as well. Since there was no damage to the box and that they would not have given us broken televisions that Circuit City would not pay refund or do exchange. He said that the employee who delivered the carton to our car on purchase would not have given us the television because they would have heard the broken glass inside. (There was no sound of broken glass inside on delivery or returnthe store manager did not hear and broken glass as well.)
I asked to speak with someone higher and he said that he has already conferred with the Regional Director. I spoke with the Regional Director. The regional director just parrots the Store Manager's decision that no refund or replacement since it cannot be proven that the damage to the television occurred in Circuit City. I again told him that all we did was open the box and discovered the damage. We put the box back on the television and delivered it to Circuit City. I told him I was expecting him to stand behind their guarantee and their product. I did not do anything here but open a box and that I was being stuck for $3000. He said that he was sticking by the guarantee and that the guarantee says in its original condition. I told him that you sold it to me broken and I am returning it to you as I received it. He was unconcerned and that his decision was final.
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