29

It's not legal The terms that you agree when you enter a contract can only be changed if: the contract provides for variation of its terms and then, only in accordance with that procedure. This may allow unilateral changes - these are common in ongoing relationships like telephone and ISP contracts but it appears from the Kickstarter page that this was not ...


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"...


4

I was told that it starts when the car was built and the built date is considered to be January 1st of the year of the model, so that it would be January 1st 2020 for a Camry 2020. Is this true? No. When does the manufacturer warranty for a car start? The term of a manufacturer's warranty on a new motor vehicle is defined in the written warranty contract ...


3

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 ...


3

Warranty is company policy. It could be considered part of the contract of sale, but it would still be what the company stated it - at time of purchase - to be. Unless the warranty lists accidental damage as being covered, it looks like the company are following their policy and fulfilling the contract. If you were looking for legal redress since accidental ...


3

Not really. The closest you get is a more general term, "limited warranty". These kinds of warranties are common in motor vehicles, but pretty much unheard of in the case of software, because the capacity diagnosis of the cause of the problem takes too much expertise which isn't widespread.


3

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 ...


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 ...


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

They are separate warranties. The store doesn’t have to do anything about the manufacturer’s warranty and vice versa. It is of course good service if the store takes care of things for you, but that isn’t legally required. I expect that you don’t need a receipt but proof of purchase. A bank statement or credit card statement should do. My bank (in the U.K.) ...


3

By definition, when a death is diagnosed as an instance of SIDS, the actual cause of death is not known. (If the cause is known or is determined by autopsy, the diagnosis is not SIDS.) Thus there can be no proof that the bassinet was the cause, or even a contributing factor, in the death, and therefore the seller of the bassinet should have no liability. If ...


3

Such "warranties" are generally subject to separate laws, and they are not treated as a subcase of "car insurance". Whereas homeowners insurance, vehicle liability insurance and so on are regulated in all states, extended warranties are regulated in over half of the states. There is a model law which tends to inspire state legislators in ...


3

germany Yes, such clauses are common and useful. § 437 BGB describes the rights of the buyer in case of defects, such as reducing the purchase price, demanding cure, or revoking the contract. But these options only exist “unless otherwise specified”. That means an individual contract can exclude these rights (commonly called a Gewährleistungsausschluss). ...


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

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

You should try to work it out with them if you can. I know they messed up more than once. Also, since you said dealer and warranty, I am assuming you bought the car new. If that is so, you can call the manufacturer and they would most likely have another dealership fix it if the original one won't. If you can't work it out, suing them for the cost of ...


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

It means that once the return period is over (whatever that might be, quite possibly not very long) you will have no legal remedy if the phone stops working or develops a problem. Whether this is an issue of concern is a matter of the buyer's judgement. In some US state limited basic warranties are imposed by law, and cannot be disclaimed by a notice.


2

You have no relationship with Dell. You bought the laptop from the seller. I am not intimately familiar with UK Law, but assuming they implemented EU directives correctly while they were still in the EU, then you have a 2-year warranty from the seller for any defects that existed at the time of sale. (Where a defect is defined as anything that makes the ...


2

A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations. . . . The written promise was related to the workmanship of the vehicle in connection with its software and hardware components. Was a warranty created? It sounds like there were two separate promises. A ...


2

Is Alice liable for that damage, given that she disclosed her knowledge of the issue, the limitations of that knowledge, and Alice and Bob agreed that Carol's professional decision was the basis for the sale? Alice is not liable for the damage. If there is no Carol, and the sale is based on caveat emptor, which may include Bob insisting on the inspection, ...


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 ...


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