The warranty is irrelevant to this issue.
A warranty is designed to cover a specified period of use which begins once the purchaser takes possession and determines the product is fit for use.
This could be a product with no warranty and it wouldn't change SMD's responsibility to pay the return shipping.
1. There was a contract: $ for a product.
2. Yang delivered agreed amount of cash; SMD failed to deliver product as advertised – assuming it was defective.
3. Legally, absent any other agreement at the time of purchase, SMD must bear the loss because of its breach, not Yang. Their loss in this case is the shipping to get their tent back.
There are 3 reasons SMD should refund Yang's costs (loss): the first being that it is just the way the law works, the second because they agreed in writing once the issue arose and the third because of SMD's own self interest in its public image:
1. SMD has a legal obligation regardless of any agreement or promise or need to do the right thing. Its their legal obligation. Plain and simple.
2. They promised to refund the shipping in writing. This is really a 2nd contract that they also breached.
3. If SMD does not agree with 1 and 2 for whatever reason (convenience, bad advice or heightened sense of self-importance) they should have been more courteous for no other reason than courtesy and fairness to a customer – which what I think Brandon was doing instinctively, as most of us would.
This are a lot of opinions here to which everyone is entitled, but analyzing this on the assumption that SMD is not subject to contract law is just plain misinformed.
Nuff said.
I am going hiking girls and boys!!!!
Ciao
Derrick


