It pays to read the manual

Sunday, April 3, 2011

A Saskatchewan farmer sued the company that refused him a refund on a corn and wood pellet stove because it wouldn't work anymore, and lost.

The reason? In a Provincial Court of Saskatchewan Civil Division decision handed down in December, Justice J.A. Plemel wrote: "The plaintiff did not burn either wood pellets or shelled field corn" as per instructions in the owners' manual. "He burned grain. He is of the view that the stove should not be sold in Saskatchewan if it cannot burn grain since Saskatchewan is not known as a corn-growing province."

The plaintiff had testified that he purchased the stove for $3,217 and installed it himself in the winter of 2008. According to the buyer's testimony, the stove worked well for about a week before the owner experienced difficulties. He sent it back to the seller after four months and had many telephone conversations. The seller agreed to take the stove back for its purchased price minus 15 per cent for a restocking charge. The seller testified that the stove was in pieces when it was returned and he refused to repay the stove's purchaser, hence the lawsuit. A third party offered to repair it for $1,464, with the proviso that more parts may be needed to run and work the stove properly.

The defendant was ordered to return the damaged stove to the purchaser, since it appeared it still had some value. BF