Return a product after 1.5 years? What is the law?

Soul_Glo · 10-30-2018, 12:27 PM

I purchased Bavarian Technic about 1.5 years ago with the intention of using it on my F32.

I registered my VIN and it seemed to work by selecting F30.

Fast forward a month I could not achieve this again.

I contacted support a year later and they informed me that the 4 series was not supported by Bav Tech. They also informed me that there were no plans to release an update to support it.

Can I do anything about this? I think that the product is not fit for purpose.

What is the point in selling a diagnostic scan tool if it is not up to the job?

Thanks

Mingwan · 10-30-2018, 12:29 PM

what's the return policy?

I think you're sol.

Run Silent · 10-30-2018, 12:31 PM

Quote:

Originally Posted by Surg_Capt_R

I purchased Bavarian Technic about 1.5 years ago with the intention of using it on my F32.

I registered my VIN and it seemed to work by selecting F30.

Fast forward a month I could not achieve this again.

I contacted support a year later and they informed me that the 4 series was not supported by Bav Tech. They also informed me that there were no plans to release an update to support it.

Can I do anything about this? I think that the product is not fit for purpose.

What is the point in selling a diagnostic scan tool if it is not up to the job?

Thanks

I am not up to snuff on British Common Law or Consumer Protection Law, but in most cases, Caveat Emptor is going to override most any hope of obtaining relief unless you can

1) Show provable damages
2) Show substantial doctrine of precedent; Stare decisis

Soul_Glo · 10-30-2018, 12:37 PM

Quote:

Originally Posted by usshelena725

Quote:

Originally Posted by Surg_Capt_R

I purchased Bavarian Technic about 1.5 years ago with the intention of using it on my F32.

I registered my VIN and it seemed to work by selecting F30.

Fast forward a month I could not achieve this again.

I contacted support a year later and they informed me that the 4 series was not supported by Bav Tech. They also informed me that there were no plans to release an update to support it.

Can I do anything about this? I think that the product is not fit for purpose.

What is the point in selling a diagnostic scan tool if it is not up to the job?

Thanks

I am not up to snuff on British Common Law or Consumer Protection Law, but in most cases, Caveat Emptor is going to override most any hope of obtaining relief unless you can

1) Show provable damages
2) Show substantial doctrine of precedent; Stare decisis

It is a US product and I purchased it when I was living in the States.

http://www.bavariantechnic.com/contact.aspx

From Cali

Run Silent · 10-30-2018, 12:58 PM

Quote:

Originally Posted by Surg_Capt_R

It is a US product and I purchased it when I was living in the States.

http://www.bavariantechnic.com/contact.aspx

From Cali

In that case, no. Only option would be to contact them and try to appeal to their customer service side and see if you can get an exception to their written policy.

Return Policy: If you are not satisfied with the product for any reason within 30 days from date of purchase, you may return the tool to us for a full refund (less shipping costs).

http://www.bavariantechnic.com/returnpolicy.aspx

Only other option would be to take them to small claims court. If you no longer reside in the USA, then this isn't really an option. Write this one off as a loss and move on, my friend.

Sea-Tac · 10-30-2018, 12:58 PM

I would have to agree with Mingwan. I think you're out of luck.

If it was advertised to work on the F30 and you installed it on a different model, which Bav Tech confirmed that it wasn't for, then I think you have to absorb the loss.

The fact that a year and a half has elapsed, also, isn't working in your favor. Not many suppliers will warrant a part that long nor have a return policy covering that duration.

What are your damages, besides the out of pocket expense for the unit?

Never_Enough · 10-30-2018, 01:13 PM

Just sell it

Soul_Glo · 10-30-2018, 01:20 PM

I contacted my attorney to see if there is anything else that can be done. Otherwise thanks guys I have appealed to them. Let's see what they say. I guess I will cut my losses on this one.

Never_Enough · 10-30-2018, 01:22 PM

Quote:

Originally Posted by Surg_Capt_R

I contacted my attorney to see if there is anything else that can be done. Otherwise thanks guys I have appealed to them. Let's see what they say. I guess I will cut my losses on this one.

nyalpine90 · 10-30-2018, 01:29 PM

To be honest, you made mistake by purchasing a product for your car, but knowing it was meant for a differ model. Another mistake, you kept it for more then year and you want to return it for full refund... lol
why did you wait so long to return it??

put it for sale and move on. next time purchase items thats meant for your car.

nyalpine90 · 10-30-2018, 01:36 PM

Quote:

Originally Posted by Surg_Capt_R

I contacted my attorney to see if there is anything else that can be done. Otherwise thanks guys I have appealed to them. Let's see what they say. I guess I will cut my losses on this one.

________ · 10-30-2018, 02:18 PM

Quote:

Originally Posted by Surg_Capt_R

I purchased Bavarian Technic about 1.5 years ago with the intention of using it on my F32.

I registered my VIN and it seemed to work by selecting F30.

Fast forward a month I could not achieve this again.

I contacted support a year later and they informed me that the 4 series was not supported by Bav Tech. They also informed me that there were no plans to release an update to support it.

Can I do anything about this? I think that the product is not fit for purpose.

What is the point in selling a diagnostic scan tool if it is not up to the job?

Thanks

Did it ever say it was fit for 4 series?

Joekerr · 10-30-2018, 02:18 PM

Quote:

Originally Posted by Surg_Capt_R

I contacted my attorney to see if there is anything else that can be done. Otherwise thanks guys I have appealed to them. Let's see what they say. I guess I will cut my losses on this one.

Frick me. How much did you pay for this product? Versus, how much is your attorney going to charge you for this consult?

I'm an accountant - it always boggles my mind when people call me up, take an hour of my time, to resolve a $20 issue in their books, when they know full well I'm going to charge them $135 for that hour.

Run Silent · 10-30-2018, 02:31 PM

Quote:

Originally Posted by Joekerr

Frick me. How much did you pay for this product? Versus, how much is your attorney going to charge you for this consult?

I'm an accountant - it always boggles my mind when people call me up, take an hour of my time, to resolve a $20 issue in their books, when they know full well I'm going to charge them $135 for that hour.

Shame man, you're undercharging. I billed out at $385/hr for my last firm. LOL.

UncleWede · 10-30-2018, 02:34 PM

Quote:

Originally Posted by Joekerr

l I'm going to charge them $135 for that hour.

Shit, even when I moonlight I only charge about $50 (US, so still close) Buy your own hookers/blow

Joekerr · 10-30-2018, 02:35 PM

Quote:

Originally Posted by usshelena725

Shame man, you're undercharging. I billed out at $385/hr for my last firm. LOL.

What did you recover though?

I billed out at $585 at the last firm, but our recovery was somewhere (usually a little below) 50%.

Whereas I recover 100% of my chargeout now and it goes directly to me. And that is my base rate, it goes up for tax consulting / research.

Joekerr · 10-30-2018, 02:36 PM

Quote:

Originally Posted by UncleWede

Shit, even when I moonlight I only charge about $50 (US, so still close) Buy your own hookers/blow

Nuts.

And I came so close.

Run Silent · 10-30-2018, 02:42 PM

Quote:

Originally Posted by Joekerr

What did you recover though?

I billed out at $585 at the last firm, but our recovery was somewhere (usually a little below) 50%.

Whereas I recover 100% of my chargeout now and it goes directly to me. And that is my base rate, it goes up for tax consulting / research.

It varied per client. Some realizations were near 100%, others were closer to 60%, anything less than that and we would probably drop the client. This was for core assurance practice. For consultancy, tax, and advisory, the realizations were much higher. Audit tended to be a loss leader.

Joekerr · 10-30-2018, 03:45 PM

Quote:

Originally Posted by usshelena725

It varied per client. Some realizations were near 100%, others were closer to 60%, anything less than that and we would probably drop the client. This was for core assurance practice. For consultancy, tax, and advisory, the realizations were much higher. Audit tended to be a loss leader.

Yeah, same - I was core assurance too. We'd keep them though if there were other services we were billing out to them. I did a few years as senior manager before I resigned, and I think we only ever dropped one client that I know of.

Run Silent · 10-30-2018, 03:49 PM

Quote:

Originally Posted by Joekerr

Yeah, same - I was core assurance too. We'd keep them though if there were other services we were billing out to them. I did a few years as senior manager before I resigned, and I think we only ever dropped one client that I know of.

Yeah, the one we dropped had multiple material weaknesses and multiple restatements and a realization of less than 60%. It wasn't worth the audit risk and realization losses, so they got dumped.

Hawkeye · 10-30-2018, 04:02 PM

Quote:

Originally Posted by Joekerr

Yeah, same - I was core assurance too. We'd keep them though if there were other services we were billing out to them. I did a few years as senior manager before I resigned, and I think we only ever dropped one client that I know of.

Quote:

Originally Posted by usshelena725

Yeah, the one we dropped had multiple material weaknesses and multiple restatements and a realization of less than 60%. It wasn't worth the audit risk and realization losses, so they got dumped.

The hell are you nerds talking about

PINeely · 10-30-2018, 04:45 PM

Quote:

Originally Posted by Hawkeye

Quote:

Originally Posted by Joekerr

Yeah, same - I was core assurance too. We'd keep them though if there were other services we were billing out to them. I did a few years as senior manager before I resigned, and I think we only ever dropped one client that I know of.

Quote:

Originally Posted by usshelena725

Yeah, the one we dropped had multiple material weaknesses and multiple restatements and a realization of less than 60%. It wasn't worth the audit risk and realization losses, so they got dumped.

The hell are you nerds talking about

NERDS GET WEDGIES!

10-30-2018, 12:27 PM	#1
Soul_Glo Major General 13342 Rep 7,484 Posts Drives: G20 Join Date: May 2013 Location: Manhattan, NYC iTrader: (1)	Return a product after 1.5 years? What is the law? I purchased Bavarian Technic about 1.5 years ago with the intention of using it on my F32. I registered my VIN and it seemed to work by selecting F30. Fast forward a month I could not achieve this again. I contacted support a year later and they informed me that the 4 series was not supported by Bav Tech. They also informed me that there were no plans to release an update to support it. Can I do anything about this? I think that the product is not fit for purpose. What is the point in selling a diagnostic scan tool if it is not up to the job? Thanks
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10-30-2018, 12:29 PM	#2
Mingwan Major 1893 Rep 1,338 Posts Drives: X1 Individual custom paint Join Date: Jan 2015 Location: Kansas iTrader: (0)	what's the return policy? I think you're sol.
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10-30-2018, 12:58 PM	#6
Sea-Tac Major 1453 Rep 1,487 Posts Drives: 2108 X3 xDrive30i Join Date: Apr 2018 Location: Bellevue, Wa iTrader: (0) Garage List 2018 X3 xDrive30i [0.00] 2016 328i xDrive [0.00]	I would have to agree with Mingwan. I think you're out of luck. If it was advertised to work on the F30 and you installed it on a different model, which Bav Tech confirmed that it wasn't for, then I think you have to absorb the loss. The fact that a year and a half has elapsed, also, isn't working in your favor. Not many suppliers will warrant a part that long nor have a return policy covering that duration. What are your damages, besides the out of pocket expense for the unit?
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10-30-2018, 01:13 PM	#7
Never_Enough Banned 2203 Rep 2,476 Posts Drives: Satan's Chariot 2.0 Join Date: Sep 2013 Location: PA iTrader: (6) Garage List 2018 Charger Hellcat [0.00]	Just sell it
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10-30-2018, 01:20 PM	#8
Soul_Glo Major General 13342 Rep 7,484 Posts Drives: G20 Join Date: May 2013 Location: Manhattan, NYC iTrader: (1)	I contacted my attorney to see if there is anything else that can be done. Otherwise thanks guys I have appealed to them. Let's see what they say. I guess I will cut my losses on this one.
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10-30-2018, 01:29 PM	#10
nyalpine90 Lieutenant General 7421 Rep 11,836 Posts Drives: MY24 G01 AW Msport Join Date: Feb 2008 Location: L.I. NY iTrader: (4) Garage List 2016 BMW X4 [9.33]	To be honest, you made mistake by purchasing a product for your car, but knowing it was meant for a differ model. Another mistake, you kept it for more then year and you want to return it for full refund... lol why did you wait so long to return it?? put it for sale and move on. next time purchase items thats meant for your car.
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