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My rights as a buyer of faulty 2nd hand electric appliances


arnold40844

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I actually posted this in Ask a Lawyer forum as well, as we are now escalating with legal proceedings.

Basically i moved in to a new house 2 months ago and had to purchase 4 aircons, as 2 had to be quite large I looked in to options of going with a reputable 2nd hand dealer to save a few $$. I spoke with a couple of them,, after meeting the guy and being taken to his warehouse with my wife we decided on 4 units, paid a deposit and agreed a date for installation. 12 months warranty was offered at the time of purchase, we paid around 8000THB per unit.

After being installed I immediately had a problem with 2 of the units, one was barely working, would not get the room below 30 degrees and the other making a horrible noise which for my daughters bedroom was not going to to cut it. Phoned him the next day, he replaced the noisy one only, aft er 3 hours the replacements was blowing out warm air, we call him again, this time he takes 10 days to send someone to look at it, 2 months later he has sent someone to re-gas the unit 4 times but it has never worked for longer than 2 hours without all the gas leaking out. I asked him 2 weeks ago to just take the 2 faulty units and refund the money, he arranged to take them last Tuesday, sent his workers and they had no clue about removing them, they just came to re-gas the aircon for the 5th time. Getting quite annoyed at this point I said just take them away, he says the workers have no money and that they will come back on Saturday to remove them, obviously did not show up, must be the 20th time he has let me down. Called him Saturday, said they would be there Sunday, no show again.

Throughout this whole process he has been ignoring our calls, and he must have hung on me 100 times. For the record 2 of the units are absolutely perfect with no issues.

i know I made a big mistake of which im sure will be pointed out here. All i wanted was some advice on what to do here, for the 2 units its 16000THB the guy owes me, I dont want to remove them myself or get another company to do it as im sure he will accuse me of damaging them (he is a low life). I urgently need to get 2 new units fitted, its just getting silly now, its been going on for 2 months and my children cannot sleep in the rooms. I told my wife to go to the police this morning, I have call logs and emails going back 2 months as well as receipts for the units, my plan was to take them to a solicitor and have him deal with it.

Anyone know where I stand with the consumer goods act in this country, is it worth escalating or should i just cut my losses and put it down to bad judgement. I dont like it when people get away with this sort of thing, I think people should be warned about this company, he is a lying crook.

Thoughts?

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I take it these are room/window units? Doubtful you'll have much in the way of rights as they are second-hand. In any country. If you signed a contract, then you at least have that. But, yeah. Cut your losses, especially if lawyers get involved.

Also, not to be demeaning, but they are pretty simple to DIY.( Notice I didn't say easy.)

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I take it these are room/window units? Doubtful you'll have much in the way of rights as they are second-hand. In any country. If you signed a contract, then you at least have that. But, yeah. Cut your losses, especially if lawyers get involved.

Also, not to be demeaning, but they are pretty simple to DIY.( Notice I didn't say easy.)

One is an 18000 BTU the other is a 12000 BTU. I have a receipt saying that I have 12 warranty, surely that means I have some level of protection. I would never have gone with them if that was not the case.

The gas is leaking of one of the units, they have come to re-gas it 5 times in 2 months. i do not understand this at all. The other one is just making an awful banging noise at the compressor after more than 30 minutes of operation. i dont want to start getting other engineers involved or trying to repair myself as they are supposed to be under warranty.

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For my 2 satangs worth I would just bite the bullet as a lesson learnt. It is obviously working you up and is going to do so even more if you start getting lawyers involved. add to it the extra costs of the lawyers etc and even if you do win you are going to lose if you get me. Either find another 2 second hand units from someone who has recommended them and offer to let them have the 2 dodgy units in exchange for free installation ?

Before you do anything though I would get another AC engineer to have a look at them as if the guys he sent are as clueless as they sound it may just be a quick, cheap fix to get them running as they should.

Good luck whatever thumbsup.gif

Sure i think that's sound advice. But I think im probably going down the whole massively stressful and painfully expensive route of suing the <deleted> just to prove a point.

I have sent him notice that I am now arranging for removal of the units as he has failed to do so. i just need them replaced and will be buying new .

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You have the right to remain silent.

Anything you say cannot and will not be understood.

You have the right to hire an attorney at a cost of 4 times the damages you are seeking to recover.

If you win your case, good luck actually collecting damages.

Caveat emptor, friend, caveat emptor.

i am sure this is fairly true, i would rather spend 200k THB on legal than letting someone like this get away with it.

I think he should be exposed publicly for what he is, reducing the number of victims in the future.

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Next time pay the money AFTER the units have been installed to your satisfaction.

Yeah, I should have just bought new. I paid the money after he replaced the noisy unit, it was working for a few hours after he installed it. The other one works okay sometimes the compressor just starts sounding like its going to explode. The crazy thing is that if he refunds the money I can buy a new samsung unit and have 5000 THB left over to put towards another new one.

With moving in to the new place and with school fees it was just a really expensive month. The other 2 units are perfect, quiet and blowing out ice cold air.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to drill a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop (or two) to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

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You have the right to remain silent.

Anything you say cannot and will not be understood.

You have the right to hire an attorney at a cost of 4 times the damages you are seeking to recover.

If you win your case, good luck actually collecting damages.

Caveat emptor, friend, caveat emptor.

i am sure this is fairly true, i would rather spend 200k THB on legal than letting someone like this get away with it.

I think he should be exposed publicly for what he is, reducing the number of victims in the future.

I don't understand your logic,you rather waste 200k on fees than go and buy new?.If your wife has a credit card you can buy new and pay at the end of the month,no interest,and a much better guarantee.

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You have the right to remain silent.

Anything you say cannot and will not be understood.

You have the right to hire an attorney at a cost of 4 times the damages you are seeking to recover.

If you win your case, good luck actually collecting damages.

Caveat emptor, friend, caveat emptor.

i am sure this is fairly true, i would rather spend 200k THB on legal than letting someone like this get away with it.

I think he should be exposed publicly for what he is, reducing the number of victims in the future.

I don't understand your logic,you rather waste 200k on fees than go and buy new?.If your wife has a credit card you can buy new and pay at the end of the month,no interest,and a much better guarantee.

I hear what you're saying but like I said i am now very angry and will act in an illogical way. I waited for his engineers for the 4th weekend in a row and they did not to show up. I wanted to have 2 new units installed this weekend but was waiting for him to remove the old ones. He is just ignoring our calls now, but called from a different number and he answers on the first ring. I bet if I asked for an installation date of 2 new units under a different name/address he would have them fitted tomorrow.

He has insulted me personally and caused my family a great of stress and discomfort, I want him to pay and I want his company defamed publicly.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

I'd recommend that you go with your wife to the police station as well. Your presence will lend gravity to the problem, provide moral support to your wife and you also will be available to answer any questions which arise. Probably the less you say the better, but your presence would be helpful.

Situations like this are a classic example of cultural differences in play. In the West, consumer protections are so strong, that most of the time people don't really worry whether a piece of equipment is defective because they know they can always return a product and get a refund, no questions asked. When a foreigner comes over here they assume the same protections are in place and trust that the product will perform as expected.

I think a lot of Thai vendors misinterpret this foreigner complacency as stupidity or gulliblity, which actually encourages them to try and pawn off defective goods on unsuspecting foreigners. When the foreigner comes back complaining, they just shrug their shoulders and say "All Sales Final,' or pretend they can't understand what the problem is. Some vendors seem to think that all foreigners are tourists who are here only temporarily, and that they can unload merchandise with latent defects with impunity.

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You have the right to remain silent.

Anything you say cannot and will not be understood.

You have the right to hire an attorney at a cost of 4 times the damages you are seeking to recover.

If you win your case, good luck actually collecting damages.

Caveat emptor, friend, caveat emptor.

i am sure this is fairly true, i would rather spend 200k THB on legal than letting someone like this get away with it.

I think he should be exposed publicly for what he is, reducing the number of victims in the future.

thats called cutting off your nose to spite your face

I would assume that he is liable for reimbursing my costs, i cannot see that he has a leg to stand on. I have emails sent to him over the last 2 months, texts, probably 200+ phone calls and still 2 broken aircons. Surely you have to appreciate my frustration when I have 12 months warranty and its been going on for 2 months now.

I think he is a dishonest low life crook and I would like to destroy his reputation.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

I'd recommend that you go with your wife to the police station as well. Your presence will lend gravity to the problem, provide moral support to your wife and you also will be available to answer any questions which arise. Probably the less you say the better, but your presence would be helpful.

Situations like this are a classic example of cultural differences in play. In the West, consumer protections are so strong, that most of the time people don't really worry whether a piece of equipment is defective because they know they can always return a product and get a refund, no questions asked. When a foreigner comes over here they assume the same protections are in place and trust that the product will perform as expected.

I think a lot of Thai vendors misinterpret this foreigner complacency as stupidity or gulliblity, which actually encourages them to try and pawn off defective goods on unsuspecting foreigners. When the foreigner comes back complaining, they just shrug their shoulders and say "All Sales Final,' or pretend they can't understand what the problem is. Some vendors seem to think that all foreigners are tourists who are here only temporarily, and that they can unload merchandise with latent defects with impunity.

im convinced that this is what he did, 2 good units and 2 that he knew were faulty. Like I said I have 12 months warranty he advertises this on his website, as well as a "within 24 hour call out" for repairs. The aircon does not even get the room below 37 degrees on the top floor its just blowing out warm air. Its a complete joke and i just hope no one gets involved with them.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

sorry about your dilemma but please tread carefully,if his place is that big you might find out the hard way who you might be dealing with,if you get my meaning.so yes i hate to get taken for a ride,but as this is thailand i have learnt when to keep my mouth shut[very hard] and walk away while i can.so please for your sake forget it.you will never win.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

sorry about your dilemma but please tread carefully,if his place is that big you might find out the hard way who you might be dealing with,if you get my meaning.so yes i hate to get taken for a ride,but as this is thailand i have learnt when to keep my mouth shut[very hard] and walk away while i can.so please for your sake forget it.you will never win.

Thanks for your input. I appreciate what you are saying and do have some concerns around what the guy is capable of.

I could just write him an apology saying they are both miraculously working now, sell the aircons, cut my losses and then pay a team of Indian bloggers working through VPN's to write negative online content about his company in multiple languages over the next 3 months.

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If you live in one of the areas that has a tourist court then I think you could do a relatively quick and cheap legal process against the supplier there.

Air-cons are one thing that I would never buy used but you do have a written warranty and it should be respected.

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Arnold:

I apologize for being so flippant in my earlier post; I couldn't resist the temptation. I'll confess I didn't read your post as carefully as I might have.

Actually, I had a similar experience when I was settling in 10 years ago. I was tricked into paying a guy to dig a well, and only after paying did I realize that the well was non-functioning.

It was only after a second contractor came in and did the job right that I realized how brazenly I had been ripped off.

So the way we got this resolved, was by getting the cops involved. If you have the paperwork (bill of sale, written warranties, etc.) you should be able to go down to the local police station and file a complaint. Ideally, you want a cop to go out to the vendor's place of business/home and demand that he fulfill the warranty or refund your money. Hopefully, the mere presence of the cops showing up will embarass the vendor sufficiently that he resolves this issue immediately. You may have to give the cop a financial incentive in order to get them to do this. I would also have my Thai wife be the point person when talking to the cops. If the cops try to tell you that this is a 'civil' matter which they don't want to get involved with, I'm not sure about this, but I'm pretty sure that refusing to honor a written warranty falls under one criminal statute or another, i.e., fraud, taking money under false pretenses, etc.

Hope this helps.

Thanks for that. I have asked my wife to go to the police his afternoon on her lunch break. If I had bought them from from a classified ad on dealfish i would probably just let it lie. The fact the he has a warehouse full of 500+ aircons and drives around in a 4.2m THB car its really struck a nerve.

Lets see how we get on with the police today, I dont mind paying a few G's for their assistance, he has just insulted me and to be honest its been a nightmare this last 6 weeks all sleeping in the same room.

Thanks again for the advice.

sorry about your dilemma but please tread carefully,if his place is that big you might find out the hard way who you might be dealing with,if you get my meaning.so yes i hate to get taken for a ride,but as this is thailand i have learnt when to keep my mouth shut[very hard] and walk away while i can.so please for your sake forget it.you will never win.

Thanks for your input. I appreciate what you are saying and do have some concerns around what the guy is capable of.

I could just write him an apology saying they are both miraculously working now, sell the aircons, cut my losses and then pay a team of Indian bloggers working through VPN's to write negative online content about his company in multiple languages over the next 3 months.

only last week in the travel forum [shipping household items] you will see i reported how much electrical items i have had to bin over the last few yrs.and also a yr.ago there is a posting in this forum regarding air-con units that we had trouble with. but it took me a long time [thai experiance of 31yrs] to realize leave well alone,and yes it hurts my pride tooooooooooo.so has i am enjoying life here i still want to carry on.

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You have the right to remain silent.

Anything you say cannot and will not be understood.

You have the right to hire an attorney at a cost of 4 times the damages you are seeking to recover.

If you win your case, good luck actually collecting damages.

Caveat emptor, friend, caveat emptor.

i am sure this is fairly true, i would rather spend 200k THB on legal than letting someone like this get away with it.

I think he should be exposed publicly for what he is, reducing the number of victims in the future.

thats called cutting off your nose to spite your face

I would assume that he is liable for reimbursing my costs, i cannot see that he has a leg to stand on. I have emails sent to him over the last 2 months, texts, probably 200+ phone calls and still 2 broken aircons. Surely you have to appreciate my frustration when I have 12 months warranty and its been going on for 2 months now.

I think he is a dishonest low life crook and I would like to destroy his reputation.

you'll spend 200 grand to get your money back and no one will care that you won and his reputation will be the

same as its always been. irrelevant

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If you were to become vindictive and try to 'destroy his reputation' he might have a better criminal case to pursue against you than now have against him.

Its a bit harsh for you to call it vindictive. I am merely posting reviews of a service provided by a company. Would you call a food critic vindictive if he wrote about a restaurant that fed him raw chicken and refused to reimburse the check?

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If you were to become vindictive and try to 'destroy his reputation' he might have a better criminal case to pursue against you than now have against him.

All im saying is that i searched the company for reviews online before i bought and found nothing negative about the company. If I did I would not have used them.

Is it not a fair concept that a company is held accountable for being dishonest and making no effort to honor its own warranty?

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If you were to become vindictive and try to 'destroy his reputation' he might have a better criminal case to pursue against you than now have against him.

All im saying is that i searched the company for reviews online before i bought and found nothing negative about the company. If I did I would not have used them.

Is it not a fair concept that a company is held accountable for being dishonest and making no effort to honor its own warranty?

In Thailand? Sorry but you're gonna have to get your primer on Thai Criminal defamation statutes from someone else.

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If you were to become vindictive and try to 'destroy his reputation' he might have a better criminal case to pursue against you than now have against him.

All im saying is that i searched the company for reviews online before i bought and found nothing negative about the company. If I did I would not have used them.

Is it not a fair concept that a company is held accountable for being dishonest and making no effort to honor its own warranty?

In Thailand? Sorry but you're gonna have to get your primer on Thai Criminal defamation statutes from someone else.

I have looked in to it, there is a loophole sometimes referred to as the truth. I am speaking to the Office of Consumer Protection down in Chaeng Wattana, see what they say about it.

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