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Member
rnhuch
Posts: 12
Registered: ‎04-06-2012

Re: What does comparable performance mean?

I dispute that. This is what the contarct says:

 

Best Buy wil "replace it with a product of like kind and quality that is of comparable performance, or reimburse you for replacement of the product with a voucher or gift card, at our discretion, equal to the fair market value of the product, as determined by us, not to exceed the original purchase price of your product including taxes"

 

The key here is the "or". BB will replace with a product of comparable performance. OR reimburse....  not to exceed the original purchase price of your product including taxes.

 

Basically I have two choices:

 

1) Get a product of comparable performance

or

2) get reimbursed you for replacement of the product with a voucher or gift card, at BB discretion, equal to the fair market value of the product, as determined by BB, not to exceed the original purchase price of your product including taxes.

 

What doyou guys think?

 

 

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Trusted Contributor
Jimmienomam
Posts: 3,938
Registered: ‎09-21-2011

Re: What does comparable performance mean?

You Are then missing the phrase "at our discretion".
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Valued Contributor
hydrogenwv
Posts: 2,398
Registered: ‎01-26-2011

Re: What does comparable performance mean?

You are interpreting it incorrectly.. The "not to exceed the original purchase price" applies to both sides of the 'OR'... Like this...

 

Best Buy will replace it with a product of like kind and quality that is of comparable performance, not to exceed the original purchase price

 

OR

 

Best Buy will reimburse you for replacement of the product with a voucher or gift card equal to the fair market value of the product, not to exceed the original purchase price.

 

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Member
rnhuch
Posts: 12
Registered: ‎04-06-2012

Re: What does comparable performance mean?

That is your interpretation.
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Member
rnhuch
Posts: 12
Registered: ‎04-06-2012

Re: What does comparable performance mean?

That's in the second part of the "or".
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Trusted Contributor
Jimmienomam
Posts: 3,938
Registered: ‎09-21-2011

Re: What does comparable performance mean?

Even if you think it's in the second part or not, it says that they can offer a comparable model or at their discretion a GC not to exceed the original purchase price.

Even if the wording is specifically in the second section of OR, it would still have the exact same meaning
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Mbrguy
Posts: 5,116
Topics: 126
Kudos: 535
Solutions: 209
Registered: ‎07-04-2010

Re: What does comparable performance mean?


rnhuch wrote:
That is your interpretation.

That is also Best Buy's interpretation and the interpretation of the lawyers who went over the Terms and Conditions before they became operable.

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Member
rnhuch
Posts: 12
Registered: ‎04-06-2012

Re: What does comparable performance mean?

The more I read the Terms and Conditions the more I believe it is poorly worded. Please read it again without pre-judging.
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Trusted Contributor
Jimmienomam
Posts: 3,938
Registered: ‎09-21-2011

Re: What does comparable performance mean?

Oh I agree it could be worded better, but how it reads a court (which is the only place that matters) would side with BBY.
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Member
rnhuch
Posts: 12
Registered: ‎04-06-2012

Re: What does comparable performance mean?

I will never shop at BBY again. This whole experience has been extremely aggravating. I can guarantee you that none of my friends will ever shop at BBY again.

There is no such thing a comparable performance. Take the "comparable performance" out of the Terms and Conditions and it is the same thing as if it was there.

BBY should give me a new fridge with comparable performance. Period.

This has been a nightmare.
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