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FlappyKillmore OP t1_jcu8ekw wrote

This is an air fryer I bought in 2020 that stopped working back in February and won’t power on. While it’s only $70, figured I’d see if I can get the law to work in my favor.

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New_Sun6390 t1_jcufj0c wrote

Implied warranty does not supercede the product warranty or imply a lifetime warranty . Its only purpose is to give consumers protection that a washing machine will wash, a heater will heat, a toaster will toast, air fryer will fry, etc., out of the package.

Your air fryer is three years old. Ease stop wasting taxpayer resources trying to get something you are not entitled to.

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FlappyKillmore OP t1_jcufq9q wrote

Maine state law says the Implied warranty is for 4 years, is it not? If it were just “out of the box” they would not have a reason for it whereas most every manufacturer has a 1 year warranty.

Who wants an appliance or electronic to last 3 years?

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FlappyKillmore OP t1_jcugd27 wrote

https://www.maine.gov/ag/consumer/law_guide_article.shtml?id=27922

“Maine’s implied warranty of merchantability applies automatically to any new or used consumer product for up to 4 years from the date of purchase, depending on the product’s “useful life” (life expectancy). For example, you purchase a highly rated food processor that comes with a 2-year express warranty, but your warranty protection doesn’t end after 2 years. Assuming proper care, the food processor should last for at least 4 years, which is the length of its implied warranty of merchantability.5 If the useful life of the food processor is more than 4 years, the length of its implied warranty is still 4 years, which is the upper limit of time for any implied warranty of merchantability. If a product’s useful life is less than 4 years, the implied warranty for that product is the length of its useful life. For example, a soccer ball that you played with every day is probably at the end of its useful life when, 2 years after you bought it, it won’t inflate anymore. The length of the implied warranty for the soccer ball is 2 years.”

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fffangold t1_jcugxc6 wrote

The Maine implied warranty says it needs to be fit for purpose for at least four years, or the expected lifetime of the product if it's reasonable that the expected lifetime is shorter. I would absolutely expect an air fryer to last at least four years. Hell, I'd expect it to last 10 to 20 years - kitchen appliances don't break easily and should work for a very long time.

Since OP's air fryer won't turn on, they are entitled to relief from the manufacturer or seller, whichever OP prefers to go through.

Also, the seller or manufacturer can not disclaim the Maine implied warranty. If you purchase it in Maine, you, the purchaser, get to choose the warranty most beneficial to you.

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FlappyKillmore OP t1_jcui6xq wrote

I’ve quoted the law numerous times and even submitted with the form and everything. Manufacturer isn’t playing ball, so checking with Big Lots. I’m guessing they’ll be more than likely to do it as they’ve got stores in Maine and should be spun up on Maine law.

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New_Sun6390 t1_jcui71a wrote

"... or the expected lifetime of the product.."

I just replaced a 40 year old coffee maker and have zero expectations that the replacement will not last nearly as long. Cuz they don't make things like they used to.

I wish the OP good luck but they are wasting taxpayer resources.

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fffangold t1_jcuindb wrote

That isn't the argument. The argument is the product will last a reasonable amount of time, not the same amount of time as another product.

Maine law says that is at least four years in most cases (or at least provides protection for that long.) OP isn't wasting taxpayer resources - they are asking for something they are entitled to under Maine law.

Assuming you purchased it in Maine, if your new coffee maker breaks before four years have passed, you are also entitled to have the seller or manufacturer repair or replace it free of charge.

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RoseGoldKate t1_jcuk4cv wrote

Part of the law is you can deal with the manufacturer or seller. We had an issue with a Samsung washing machine and Best Buy kept referring us to the manufacturer who wasn’t giving adequate value. Once we mentioned the Maine Implied Warranty Law to the Best Buy manager it was quickly handled.

Deal with your local Big Lots if you can’t get the manufacturer to understand the law.

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bagoftaytos t1_jcul9yp wrote

Did you always unplug the airfryer after use?

−5

gregra193 t1_jcuml56 wrote

You need to reach somebody else at the company. This frontline customer service rep has no idea what you’re talking about.

Sounds like you may have luck with the store, too.

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almostnormal t1_jcuoedo wrote

I recently took my non charging ipad to the apple store. It was 13 months old. They wanted $800 to replace it. I mentioned the Maine law and it was fixed. Sometimes sellers know about the law, but they sure aren't going to mention it.

I was pretty annoyed, its an ipad pro and it was a lot of money for me.

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ztriple3 t1_jcusp5i wrote

Whats a brief description of the Maine Implied Warranty Law?

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RatherNerdy t1_jcuuek5 wrote

They almost always deny at first. Resend with additional detail, especially with the bit about the law supercedes any warranty/return policy they have.

Almost no one acknowledges the law on the first try.

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DMvsPC t1_jcuvtsb wrote

Products sold to residents of Maine have a 4 year implied warranty during which if they break or can't carry out their function you are entitled to a repair or replacement at either the manufacturer or sellers expense (your choice). This cannot be disclaimer away or denied (though they'll sure try it), sometimes you have to deal with their legal department because corporate assholes gonna asshole.

A company implicitly agrees to this by selling and shipping items inside Maine. Their own warranties cannot supercede this unless they are more comprehensive (which they never are). Often low level employees don't know this (which is reasonable sold obviously there are a load of different state laws) and you sometimes have to escalate.

I've used it before for a 3 year AC unit from home Depot, got a gift card for the whole amount since they didn't have any to replace it with in the winter.

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Yourbubblestink t1_jcuwxkd wrote

This is why LL Bean had to become more strict in its policies - shoppers develop unrealistic expectations. 3 years of service from a cheap $70 air fryer, which is just plastic, a fan, a printed circuit board, a heating element and a plug is pretty good. IMHO.

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Anstigmat t1_jcux6xy wrote

I just like to point out that standard 1yr warranties in the USA are such bullshit. Other places don’t let companies get away with that crap.

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Apis_caerulea t1_jcuxvp6 wrote

From the Office of the Maine Attorney General at maine.gov: >Chapter 04: Consumer Goods And Maine Express And Implied Warranty Laws

>The Maine Implied Warranty is the little known law that protects Maine consumers from being sold seriously defective items. It can be an Unfair Trade Practice to refuse to honor the Maine Implied Warranty Law within four years of sale. The basic test for possible implied warranty violations is as follows:

>* The item is seriously defective,

  • The consumer did not damage the item,
  • The item is still within its useful life and is not simply worn out.

>Chapter 4: Consumer Goods and Maine Express and Implied Warranty Laws (PDF)

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Traditional_Eye_761 t1_jcv24wn wrote

It’s only ever worked for me with cell phones, they make it so hard otherwise l.

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GeoWannaBe t1_jcv90rx wrote

I got my refund from a manufacturer, but first I sent in a specific form that I got from the State. Did you contact the State first, or did you just make the request without the enforcement letter?

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FlappyKillmore OP t1_jcv9924 wrote

I started with just a request, then submitted the enforcement letter. I have not contacted the state yet.

I was going to try the seller first since the manufacturer wouldn’t honor after submitting the formal letter, siting and quoting the specifics.

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Photografeels t1_jcvb28h wrote

Does this apply to products bought in Maine by non-residents? I bought boots at a Dicks when my other pairs sole busted. That was two years ago and now I have an issue with the pair I bought in ME but I live in MA

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fffangold t1_jcvcpfk wrote

No, LL Bean had what was an incredibly generous, ludicrously good return policy. They would take literally anything they sold back, after any length of time, for any reason and exchange or upgrade it. Even if the issue was the fault of the purchaser.

The Maine implied warranty is far less than what LL Bean offered, and is fairly standard, what you should be able to expect from goods you purchase.

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SkynetPal t1_jcvfao9 wrote

I used it recently to replace a $300 internet router. Initially the manufacturer moved my inquiry to an "escalation team" but then they became unresponsive. I opened a second ticket, referencing the first, and then that ticket went quiet. I was considering getting the state involved and then the manufacturer emails me out of the blue. They didn't have my router in stock so they upgraded me to a $450 unit! They wouldn't acknowledge the law but they said it had taken too long so they pushed the RMA through anyway.

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UnicornPonyClub t1_jcvk52g wrote

Need to try this with my Fi collar. One month outside of the companies warranty period and the collar literally FALLS OFF (its a gps tracking collar) and regularly goes “off network”. They told me they could sell me their newest version when i complained about the collar falling off which literally defeats the purpose. Yea no I’m not spending another $200 for that shit

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DMvsPC t1_jcvnkl3 wrote

Not sure on that one, there's an argument to be made that a shitty pair of knock off converse at $20 from shoes 4 less shouldn't legitimately be expected to last 4 years so it wouldn't be covered whereas a pair of high quality workboots should. It kind of goes along with what the average person would expect for longevity, default is 4 years or more but some items just aren't built with that in mind. To me it depends how much I paid, how much I'm willing to go to bat for it etc.

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DMvsPC t1_jcvp35t wrote

Lol idk, might find that shoes just aren't covered under this warranty. Of course the company would have to straight out say that they don't expect their shoes to last 4 years. The warranty resets on the new item as well so if it did work you'd have shoes for the life of the company lol.

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DodgeDeBoulet t1_jcvpxkw wrote

I detailed my experience with an out-of-factory-warranty refrigerator repair last month and posted it here.

TLDR: Use the Maine AG's office and submit an on-line complaint. That set the wheels in motion the very next day and my refrigerator was repaired free of charge within a few days. The repair would have cost $800 if I hadn't forced the issue through them.

The person I spoke with at the AG's office was friendly and genuinely interested in getting my problem solved. He even followed up a few weeks later to see if I'd reached a satisfactory resolution with the manufacturer.

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xXTheReturnerXx t1_jcvu7fc wrote

Usually the law is only in effect for a certain amount of time depending on date of purchase, I believe it’s up to 5 years before you cannot use the law in your favor

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egoodkowsky t1_jcvvq9v wrote

Tell them you are contacting Maine Attorney Generals Office

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AccomplishedPenalty4 t1_jcvw0j3 wrote

The law is 4 years in general but there’s wording about an “expected useful life” so, a small or large appliance would count, but shoes would not. I used the implied warranty at lowes for a range that quit working. Manager told me “have fun doing all the legal paperwork for that” and I said ok no problem. 30 seconds later he said ok we’ll send a repairman, and they fixed it free.

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fffangold t1_jcw2izp wrote

I'll be sleeping well for sure. I just don't want anyone scared away from trying to use the warranty because someone had the idea that it was stealing resources from Mainers or their reason wasn't good enough. I love the Maine warranty, and think more people should make use of it when it applies.

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crowislanddive t1_jcw6nwp wrote

Yes! I’m so glad you were successful. Also, Samsung appliances are the worst. We have a cat that was able to light our Samsung range…. When I called they said the knew it was a problem and that I could buy 150.00 of safety knobs. When I mentioned that I live in maine they were suddenly free.

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eljefino t1_jcw9gsf wrote

I used the law to get replacement frames for my $1100 Quickjack vehicle lift 3 years, 10 months after purchase. One-year factory warranty on those.

I also got personalized service from the company, with their note that they wished I hadn't gotten the law involved, LOL.

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New_Sun6390 t1_jcwc2pc wrote

>think there are enough examples to prove you are wrong

Okay I stand corrected. My apologies to the Reddit universe for thinking the the implied warranty law was not all-powerful. Curious to see what OP's experience is with their air fryer claim. I guess I should have saved the receipt for my $27 Mr Coffee from Walmart for when it fails.

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DidDunMegasploded t1_jcwj844 wrote

And you got it at Big Lots?

Yeah, I can see why it crapped out on ya after only 3 years. Buying appliances from places like Big Lots is a fool's errand. You're better off shopping around with Amazon, Walmart or Target and reading reviews--food for thought for next time!

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DidDunMegasploded t1_jcwo04t wrote

I wouldn't buy stuff from places like Big Lots and Mardens if someone paid me $999 trillion. A lot of it--not all of it, mind--is residual junk from big-box stores that is in terrible quality either on the shelf or in terms of usage when you buy it. I'd rather get it nice and fresh from trusted retailers that I can read reviews from people on, and have solid return policies to boot.

But of course, everyone has their personal preferences, and that's okay. If your Big Lots air fryer worked good for 3 years, good for you, real happy for you. But my preference is sticking with my familiar places, thank you very much.

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cathpah t1_jcwp0nh wrote

Did the same thing with my laptop. I knew the law the whole time, but had them do the repair as if I was going to pay cash money, and when they gave me the bill I let them know that I was aware of the law, and that I'd be happy to show them all the info, but they didn't seem shocked, checked with the manager, and I was on my way.

This law also saved me when my freezer stopped making ice just outside of it's standard warranty.

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DidDunMegasploded t1_jcx8zzf wrote

Gal, actually.

And sure, that's your experience. Everyone has their personal preferences, though. I'm comfortable with the big-boi stores that sell good shit that I can return with a solid return policy under my feet. All I have to do is pop over to Walmart, throw shit in a cart, schedule a pickup, take the 5-minute ride over, and boom, I got my shit in top quality. Easy peasy!

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-Hedonism_Bot- t1_jcxp2qg wrote

Thats a reasonable life expectancy for boots. I wear Merrells every day I expect to replace them every 6 to 8 months. I put them on my feet to work in and they do their time. I wouldn't take them back and make a claim, because they get abused with 14hours plus/day hard wear and tear. They live up to their useful life even though it's less than 4 years. I'd never expect them to last 4 years.

Now if they blew out in a couple months I'd definitely be going back.

Likewise, OP's air fryer should last 4 years, he has a claim, unless he's using a cheap air fryer commercially in which case I think the seller/manufacturer has a reasonable case that it served its expected lifetime.

It's not a blank if it breaks we fix it for free law. It's basically a lemon law for all consumer goods.

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surprisepinkmist t1_jcxu8uo wrote

I thankfully haven't had to use this for any large appliances but it did work great when I needed to replace a cell phone that was out of Apple's normal warranty. Same deal as everyone else, first they said there was nothing they could do but sell me a brand new phone at full price. Then I mention the Maine Implied Warranty and they were suddenly able to replace it at no cost.

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RealMainer t1_jcy4gdp wrote

I'm surprised you didn't go to the retailer first. Dealing with the retailer is always way easier than dealing with customer support over email.

For one thing the minimum wage employee at Big Lot's doesn't give any fucks and has no stake in the company, so they would rather give you a refund then deal with another Karen.

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DidDunMegasploded t1_jcypsz1 wrote

Again, gal.

And they do sell good-quality products. You just have to poke around online and in the store, and know how to shop well. Not everyone does, and that's fine. Mardens, Big Lots and the like are easier for those kinds of people. All you have to do is look and buy--no need for reading reviews or checking the box to see if it's in good condition, none of that. Simple buy and go stuff! And of course, for appliances, you have the Maine warranty OP mentioned to back you up.

If you don't believe that, then you're the one who lives in a delusion--a delusion where you suck the dicks of the small-box stores like they're gods in the sky. Which is honestly very sad.

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MoxManiac t1_jcyrhn3 wrote

Would this work with game consoles? Like, if my playstation 5 craps out in 2 years and I've taken care of it, I can say lol no if the repair replacement is denied?

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[deleted] t1_jcytr7w wrote

>And they do sell good-quality products.

No, no they don't. Some of the TV's and electronics are intentionally "down market" versions of the main stream products, with the Black Friday versions being even worse. There shoes are worse than crap and their clothes fall apart quickly.

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DidDunMegasploded t1_jcyv190 wrote

> their clothes fall apart quickly.

I dunno...I bought leggings from them many years ago and they haven't failed me yet. Same with shirts. Bought a pair of Crocs for pretty cheap cheap I took with me to help a friend with moving out and they worked like a charm. And I bought a TV from them for $200 a couple years back that has worked very well for me--wasn't even a Black Friday product.

You just need to know how to shop properly, both in-store and online--otherwise you can and will end up with shitty products. Nothing more, nothing less.

Mardens and Big Lots aren't better than Walmart except to bootlickers. They sell hand-me-down or "budget" products that are a hit-or-miss when it comes to quality. I'd pit Big Lots over Mardens just because the quality of the products looks better than a lot of what I've seen in Mardens, but it's not really stellar and I'd much rather turn to places like Walmart or Amazon for things like electronics. Appliances, you default to Home Depot or Lowe's for stuff like that. That's just common sense.

Again, personal preference.

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ghT4uS68O0ogg3Y t1_jczc33x wrote

Thanks for this info! Did you need to provide a copy of the receipt?

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DodgeDeBoulet t1_jd2ongv wrote

If you use the online complaint form via the GA's web site, you'll be asked to upload a copy of the receipt along with the factory warranty and any communications you've had with the vendor or manufacturer. Not sure what happens if you don't...

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Gvaz t1_jd3295d wrote

I did this with my fitbit, they outright REFUSED until I sent an email to the BBB and the maine attorney General. I was so pissed. Did you know smart fitness watches from fitbit have only a 1 year warranty? There are so many search results showing they break in a year or two. Who the fuck wants to spend $300+ a year on smart watches? Can you imagine rebuying your TV every other year?

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iglidante t1_jd3ba7i wrote

> Yeah, I can see why it crapped out on ya after only 3 years. Buying appliances from places like Big Lots is a fool's errand.

Big Lots sells new merchandise, and customers are legally entitled to the same protections they would have if they bought from Walmart.

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iglidante t1_jd3bipt wrote

> I just replaced a 40 year old coffee maker and have zero expectations that the replacement will not last nearly as long. Cuz they don't make things like they used to.

While that is true, no new consumer electronic should be failing inside 4 years. The company selling such poor quality merchandise is the one wasting taxpayer resources.

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iglidante t1_jd3bpto wrote

>I guess I should have saved the receipt for my $27 Mr Coffee from Walmart for when it fails.

Even if you don't personally care about your $27 coffee maker, we all benefit from fewer products ending up in the landfill a handful of years after they were purchased.

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DrDaphne t1_jd3qq8j wrote

Did it end up working for you?? Thanks to your post I'm getting a new blender for free! My blender I got 3 years ago at kmart shit the bed just before I saw your post. I emailed them and of course they first said my warranty expired I sent a second email citing and linking to the law and said "I was hoping to resolve this with you directly but if not my next step is to file a complaint with the attorney General which results in a fine for unfair trade practice for the manufacturer. Please let me know if I need to take the next steps." And imagine that the next email response was them saying they are sending me a new one as a "courtesy"! Haha thanks for your post I hope it works out for you

Edited to say I don't even have a receipt!

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DidDunMegasploded t1_jd46fo4 wrote

But is the quality good? Is the return policy solid or will they give you a hard time? Is online ordering solid all around?

Asking real questions here. My respective guesses are no, might give you a hard time, and...probably not.

I will state for a third time: personal preference. But if you're gonna try to convince me to shop at Big Lots, I'm a tough customer, sorry.

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iglidante t1_jd4911e wrote

I'm not trying to convince you to shop at Big Lots. All I'm saying is, if Maine mandates a particular amount of "product longevity", I don't think it's reasonable to suggest that anyone shopping at a discount store should expect their purchases to be exempt.

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DidDunMegasploded t1_jd4swrf wrote

That's not what I'm saying, either. My point is that Big Lots, Mardens, etc. aren't really ideal places to shop, if you are looking for products that are in good quality upon home arrival or store arrival that will last long. I'm not talking about the warranty at all.

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iglidante t1_jd4xenw wrote

>That's not what I'm saying, either. My point is that Big Lots, Mardens, etc. aren't really ideal places to shop, if you are looking for products that are in good quality upon home arrival or store arrival that will last long. I'm not talking about the warranty at all.

How is that relevant, though?

We're discussing the warranty in this thread. You keep bringing up that Big Lots isn't a place you expect to find quality products. I don't think that matters. Legally, Maine requires that the products sold to its citizens meet certain minimum standards for durability and longevity. If Big Lots sells crap, this is a way to hold them accountable for that.

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