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Old 24.06.2020, 00:16
aixsyd aixsyd is offline
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Re: Bought a defective appliance used - any recourse?

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One additional thing: who makes a claim has to prove it.

You have to prove the veracity of your claim, and that the good is defective, that's what will happen in the process of the Betreibung. If he says you damaged it, that's his claim he will have to prove (I would think a very plausible claim would do, say if you had dented the thing with a hammer - you get the idea). If he can't do that the Gewährleistungspflicht (duty to fulfill the promise, i.e. that it's "as new") hits.
Correct. I think I have ample proof; first, the fact that it doesn't work, and the fact that of the repairs it needs is something that happens from old age. I have that on record from the manufacturer. Second, the fact that it was wrapped before put in storage and unwrapped in front of me, proving that it wasn't tested properly before listing it for sale. Third, the fact that it was advertised as "functions as new", but was six years old and that fact was obfuscated from me until an issue was presented.

He would have to prove that I 1) didn't transport it correctly, which he saw that I did, 2) prove that I didn't wait long enough after transport to turn it on -- which he can't one way or another (though I did), and 3) would have to prove that he did test it before the sale (), 4) would have to prove that the repairs needed were caused by potentially mishandling the product, and 5) that my removing the cover somehow caused the refrigerant filter to clog.

Small edit: even if I did transport it incorrectly, the repairs needed wouldn't be from the consequence of mishandled transportation. Dehumidifiers have compressors inside them with oil, and that oil can dislodge and move and needs to settle in place before use. My repair is the refrigerant circuit and filter, which is a totally different subsystem. The manufacturer wanted to replace the compressor simply due to its age, as they "couldn't guarantee how long the compressor would last".