Help with kef r900 issue

@Tony,

Since the above posting (which I can no longer edit), you got me started in my legal research under Article 2, et al. Rather than relying on my ancient memory, I’m starting to look at the statutes and decisional law for the rule of decision, and thank you for motivating me.

This will show you public policy in Washington state, which is a measure of commercial good faith viz local repairs:

“RCW 62A.2-719Contractual modification or limitation of remedy.(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,(a) the agreement may provide for remedies in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable under this Article, as by limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of non-conforming goods or parts; and(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this Title.(3) Limitation of consequential damages for injury to the person in the case of goods purchased primarily for personal, family or household use or of any services related thereto is invalid unless it is proved that the limitation is not unconscionable. Limitation of remedy to repair or replacement of defective parts or non-conforming goods is invalid in sales of goods primarily for personal, family or household use unless the manufacturer or seller maintains or provides within this state facilities adequate to provide reasonable and expeditious performance of repair or replacement obligations.Limitation of other consequential damages is valid unless it is established that the limitation is unconscionable.”

N.B.: “maintains or provides within this state....”

So, obviously, our legislature thinks my expectation reasonable and my position fair, but more important to KEF is that this may be a PER SE violation of Washington’s CPA, and I could seek treble damages.

Again, I reserve all rights, remedies and causes of action ex contractu and ex proprio vigore (yeah, even retired, ....)

Oh, and before you ask, Tony, if there is a forum selection clause, it is violative of Washington public policy, and unenforceable. 

Well, I would say that having someone local check into it seems more than reasonable. Perhaps it requires a little work on Kef’s part, but it shouldn’t be too difficult to accommodate you. 

Too late. KEF spit in my face. I’ll go to the mat on this one. Clearly, these are deceptive or unfair trade practices under Washington law, and I’m determined to show it.

Thank you, Tony, for lighting up my old interest in legal research and remedial law. 👍

Per the New Jersey Secretary of State, KEF Direct appears to be a trade name for GP Accoustics, Inc. I’m going to give it all I’ve got. I’ve provided the seller notice that 1. All rights and causes of action are reserved, 2. The sale agreement is cancelled or rescinded, 3. Acceptance of non conforming goods with latent defects is revoked, and 4. The assertion, without limitation, that I must return the goods to New Jersey for return or repair is either a deceptive or unfair trade practice in light of Washington’s statute.

Next, I’ll start drafting complaints.

I really feel quite strongly that I’ve been treated very harshly.