7

"as is" is likely in quotation marks because it reflects its usage in the Uniform Commercial Code. Although in the UCC it is reasonably clear that the quotation marks serve to delineate the example from the text, legal drafting is generally precise and by using the same form it unambiguously refers to its usage therein. Another reason is that in this ...


5

With the additional information in the comment, the approach most likely to give you a good outcome would be to present this as a dispute between the retailler and the manufacturer. Make a note of who said what and when, and try to obtain written confirmation from the retailler. It sounds like the retailler is currently on your side, which makes your ...


4

Unless there is some surprise in the wording of your contract, you have no realistic legal recourse. You had a hope that the warranty could provide something which it does not provide. A "reasonable person" would read the wording of the contract and understand that it requires pre-approval, and does not include an exception clause "unless it gets really cold"...


3

Much of the remedies for your situation depend on what you have in writing about 1) the transmission agreement and warranty you signed and what it may contain about warranty replacements, arbitration and court actions, and 2) what written evidence you have to the fact that the garage was encouraged to "keep trying things" until the warranty ran out, as well ...


3

Is there any consumer protection against the manufacturer repeatedly replacing items under warranty until the customer simply gives up? There are two implied warranties that people should knno about - fitness for a particular purpose and merchantabilty. You are concerned with merchantability. The implied warranty of merchantability basically says that goods ...


2

You would need to read the terms of the warranty and of any statutory warranty that applies (for example, in Australia goods must last a "reasonable time" by law - a "reasonable time" for a washing machine is 8-12 years depending on price). In general, the goods are warranted to operate for the warranty period: if they stop working in that period then the ...


2

The creator of the software doesn't provide any warranty. If you feel confident in the quality of the software, nothing stops you from providing a warranty. If the software doesn't meet your guarantees, you will have to pay out because you provided the warranty, depending on the terms. Not the creator of the software because they explicitly didn't provide ...


2

What you describe is covered by the concept of fraud, which is more serious. If a person knowingly makes a false representation of the car as having a particular kind of exhaust, which you rely on in accepting their offer, that is fraud: the "offense" occurs before the contract (it is what gets you to agree to the contract). A express warranty is part of the ...


2

There is potentially a two-year warranty (Gewährleistung) but after six months the consumer must show that the flaw in the good existed at the time of sale. There are also special rules for parts subject to routine wear and tear. If the shoes look as if you have worn for 100 days, the seller might well try to argue that you wore them out. If they look new, ...


2

The essence of fraud is that you make someone give you something by making them believe something that isn't true. You made them give you money for broken goods by making them believe that the goods are not broken. So yes, it is fraud. Modifying the goods may not actually void your warranty, but when you return goods and get your money back, the assumption ...


2

No. Replacements are provided to honour the warranty period for the original purchase only. Your combined use of the original trimmer and the replacement is now beyond 2 years, so no entitlement to a second replacement even if the first one worked less than 2 years.


2

No, it does not. There is indeed a 2-year guarantee for all goods, but "goods" is defined to be a "tangible movable item" according to Directive 1999/44/EC Article 1, subsection 2(b). In less legalese, a physical item; software doesn't count. While there has been discussion about extending this protection to software, I'm not aware of this having been done ...


1

Many warranties include explicit provisions indicating whether they protect later owners, or run only to the original purchaser. Some go one way, some the other. The explicit warranty provisions should be consulted.


1

At this point there's nothing to be lost by being as friendly and helpful as possible - all they've done so far is ask a question to which there's an easy answer. "I no longer have the adaptor. The card has been used in a [brand of phone] phone since [approximate date]. I would be happy for you to repair the card, replace the card without the adaptor, ...


1

The governing law would be primarily the Uniform Commercial Code's provisions relating to warranties in Article 2 related to "sale of goods" since a puppy is a "good" and you purchased the puppy in what would have been a contract of sale. Assuming that the breeder qualifies as a "merchant" under the Uniform Commercial Code, the sale includes a "warranty of ...


1

You are the beneficiary of either an implied warranty of merchantability, under the Uniform Commercial Code in Texas, or a limited warranty in lieu of that which covers most, but perhaps not all of your losses (perhaps not the lost food). The question is not whether you have a legal right, but what the sensible thing to do about it is. First read the ...


1

If the supplier fails to honour a written warranty you can sue them, either yourself in the small claims court or via a solicitor in the county court depending on the amount at stake. (It is of course possible to represent yourself in the county court, but not recommended if you have little legal experience). Unless the company either pays what it owes ...


1

There are a number of issues here. One is whether they can charge a warranty trip fee: that would depend on what the contract says – such fees are possible (but may be prohibited by state law). Such a charge could be motivated by the manufacturer not compensating a dealer for warranty repair travel (also by granting a low number of hours of compensation for ...


1

Got a call back from the Attorney Gen's office and they said the car is covered under the lemon law warranty, "It's not where you live, the focus is on the car." However, if the car breaks down in NJ I must take it back to the Dealer in NY for repairs, If I take it somewhere else for repair I will void that warranty.


1

I dont know where you are but in the UK you have a clause in consumer rights that a product must be "fit for purpose" and a non working computer is not fit for purpose. The supplier should either provide a replacement or refund. This can not be voided by any contract other than stating that it is "sold as seen" which both parties have to agree upon, but I ...


1

The central question, as I now understand it, is about WD's position that they are the seller of record, and the contract is between them and you. The complication is that usually, you don't go to WD itself and buy their product, you buy from an authorized distributor / reseller. It would thus seem that you are buying from Big Buy, not WD, and whatever ...


1

(I note I am in New Zealand, so I'm making some assumptions about the law based on what I see here) If this is for personal use, or worth less then $40k, The ACCC has, I believe, authorative information on Consumer Guarantees there. or this part of the law answer is "yes and no". If you can evidence that the item was legitimately obtained, and that it ...


1

There is "warranty", which is what the seller or manufacturer gives you voluntarily, and "statutory rights", which is what the laws of your country gives you. You'd have to read the exact terms and conditions. In extreme cases, your country should have laws that specify exactly what for example "within one year from the date of the purchase" would mean. In ...


1

As long as you are clear that YOU are providing the warranty and the original authors of the software are NOT, that should be fine. This is an important part of RedHat's business model, for example (see e.g. Open Source Assurance warranty) and is essentially a transfer of risk (& maybe also money) from the person purchasing the warranty to you, which ...


1

According to the Brazillian Customers Right (an addendum to the law), any warranty repair service is limited to 30 days of execution starting from the moment you notify the company of the defect [Read the Warranty Section of this Post] Same City Services If the company provides an authorized agent to repair your product in your city, you can be asked to ...


1

I'm not from Brazil, but I have Brazilian friends, and I will answer based on my knowledge of American law. "A long time" in this context, would be measured by how long it would genuinely take to service a client. Five minutes can be considered a long time, if each "service" takes 30 seconds, and you are continually bypassed for people behind you. On ...


1

I'm not a lawyer; I'm not your lawyer. It's difficult proving a negative. I can think of at least one case (in Australian real property law) where the formatting in contracts is prescribed, and deviation could render the contract void. UCC § 2-316 ("the code") states that (emphasis mine): (2)Subject to subsection (3), to exclude or modify the implied ...


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