zOwie Omega Discussion Forum

: I am not sure why the first dealer did not pick
: up on the bracelet issue. It was at a Bailey
: Banks & Biddle and I have had many
: different experiences with the knowledge of
: the employees there.

: I got the box, manual and the leather card case
: with only the warranty from them.

: I think my course of action is to see what they
: say about the repairs first. Then, ask them
: to replace the watch with one that is an
: authentic Omega factory #. If they say no, I
: will talk to the highest person in charge
: and tell them my issues. If that does not
: work I will notify them that they will
: recieve a certified letter of the resolution
: I would like with copies going to their BBB,
: Ebay, Yahoo, Ca Attorney General, and all of
: the other places they are considered to be
: so reputable.

: I am not the best at 'lawyering' so any help on
: how I can pin them is greatly appreciated. I
: guess I will have to chalk this one up to a
: life learning experience.

Dell on this forum is an attorney, so I'm sure he'll have a few thoughts on the matter. In my own law research over the years I've learned a couple of things. It seems to me there are really two things you can get them on:

1) The law would look at what any reasonably prudent person would do under the same or similar circumstances. You are looking at a website where they are selling Omega watches, and many of them are genuine models. So, a reasonably prudent person would assume that the model you bought was also a genuine Omega model. Since you can VERY EASILY prove that the model number you have is bogus, deceptive business practices on their part would be evident to any judge with half a brain.

2) You have the warranty they gave you (their "in-house" warranty, NOT the Omega factory warranty). However, when you buy any product, you also have an implied warranty of merchantability. This means the item that is purchased must be suitable for the purpose for which it was intended. If you buy a toaster, it has to toast bread. Same thing for a watch. A watch is intended for the purpose of keeping time. If yours doesn't, it is broken and they have to fix it. Since YOU are the one with the warranty, the burden is on them to prove that you caused any damage they say is not covered by the warranty. If they can't prove this, and if it is not something specifically excluded in the warranty they gave you (check the fine print if they gave you one), then they MUST pay for the repairs.

Best of luck!