Maine warranty law tougher than feds’

This is a story about guys and the women who struggle to make them look presentable. Phoebe Carter (not her real name) of Dover-Foxcroft became tired of going out to eat with her boyfriend, Sam, looking like someone’s poor uncle. So for Christmas 2001, she bought him a pair of Dockers at the Bangor franchise of a national clothing store. She should have known better.

Sam did what frugal gents do: He immediately stuffed the slacks into his closet without even trying them on. His rationale was supportable: “Why start using a perfectly good pair of pants until all the old ones wear out completely?”

After a full 10 months of hearing “when are you going to try those on?” from Phoebe, Sam buckled in October 2002. Reaching deep into his sensitive side and realizing his relationship depended upon cooperation, he took the slacks out of the closet and yanked them on. Something was wrong! Looking down, Sam could see his socks clear to the ankle. How could this be? The plastic sticker on the pants read “38 x 32.”

A quick inseam measurement proved the length to be 29 inches. The customary sewn-on paper label was missing, so Phoebe assumed the slacks had been returned and mislabeled at the store.

During their next shopping trip, the couple took the slacks back to the store and, being a smart shopper, Phoebe still had the sales receipt. But the store clerk explained too much time had passed and the store would not extend a refund or credit. The pair took their problem to the store manager, but the answer was still no.

So Phoebe, who was a COMBAT member, brought the slacks (and Sam) to our office. She knew Sam was responsible for waiting so long before trying the slacks on, but she also thought the store should be more flexible. We agreed with both and, after chastising Sam for dillydallying, advised the couple of Maine’s Expressed and Implied Warranty Law.

In short, the Maine law, which is far more comprehensive than federal warranty law, states that most merchandise (with some exceptions) must be merchantable and fit for the intended purpose. “Merchantable” basically means the item must work. For example, if you buy a wind-up clock and it doesn’t go “ticktock” and keep time, it’s not merchantable, it doesn’t work.

“Fit for the intended purpose” means the merchandise must do what it was represented to do. For example, if you buy a lawn mower that has been advertised as a “mulching mower” and find that the model you purchased doesn’t mulch, you are on firm grass for a refund.

In both examples, a consumer has up to four years to return merchandise, not the usual 12 months offered under most manufacturer warranties.

In Sam’s case, he had a right to expect the slacks to fit since they were labeled with his size. But the store had mislabeled the garment. Armed with this information, a copy of the law, and the fact he had visited COMBAT, Sam and Phoebe returned to the store and were given a store credit. Case closed.

Phoebe, congratulations on retaining the receipt. Store manager: Yeah, Sam took too long, but lighten up. Sam, next time try the slacks on first, then stuff them in the closet.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT-The Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. For help or to request individual or business membership information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.