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43 votes
Accepted

Can I viably sue for damages caused by bugs in freeware?

No, you can't The last paragraph of the MIT License explicitly says the author is not responsible for damages (emphasis mine): THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,...
sevensevens's user avatar
  • 1,525
29 votes
Accepted

"Lifetime Warranty" terms and conditions changed after purchase

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 ...
Dale M's user avatar
  • 213k
27 votes

Can I viably sue for damages caused by bugs in freeware?

In addition to the argument that that particular license contains a disclaimer of liability as a condition of the license grant, you have no privity with the author. The license binds your use of the ...
David Browne - Microsoft's user avatar
9 votes
Accepted

History of "No Warranty" clauses in software

The concept of an implied warranty was one of the core features of Article 2 of the Uniform Commercial Code ("UCC"), governing the sale of goods, that was first approved for adoption by ...
ohwilleke's user avatar
  • 221k
8 votes

When does the manufacturer warranty for a car start?

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. ...
ohwilleke's user avatar
  • 221k
5 votes

Claiming statutory warranty for a fault that resulted in the loss of the product

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 ...
ItWasLikeThatWhenIGotHere's user avatar
5 votes

Is it necessary to explicitly disclaim warranties on "private" sales?

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 ...
amon's user avatar
  • 24k
4 votes
Accepted

Home warranty dropping the ball, during emergency situation. Any recourse?

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 ...
user6726's user avatar
  • 215k
3 votes
Accepted

Are warranties held to the same laws as regular insurers?

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 ...
user6726's user avatar
  • 215k
3 votes
Accepted

Does the EU "2-year guarantee" apply to security vulnerabilities?

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,...
DPenner1's user avatar
  • 4,951
3 votes

Manufacturer's warranty vs store warranty

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 ...
gnasher729's user avatar
  • 34.3k
3 votes
Accepted

Where does the burden of proof lie with a Warranty repair

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 ...
ItWasLikeThatWhenIGotHere's user avatar
3 votes
Accepted

Is there a name for this type of warranty?

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, ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Warranty issues on car transmission replacement

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 ...
BlueDogRanch's user avatar
  • 18.9k
3 votes
Accepted

Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

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 ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Warranty repair and collector's items

Barring manufacturer negligence (and even this is a dubious theory, given that recovery would be for pure economic loss), there is probably no legal theory that would allow recovery of any loss of ...
Jen's user avatar
  • 59.5k
3 votes

Does replacing the operating system on my laptop void my warranty?

It depends on the warranty itself. Here is one warranty, which only protects against manufacturing defects and excludes any software issues (whether pre-installed or user-installed). I'm a little ...
user6726's user avatar
  • 215k
3 votes
Accepted

Why is disclosing that you offer no warranties so prevalent in documents?

If you buy something and it somehow goes bad, you might suffer a loss. For example, if a (network) router dies, you might not be able to access the internet and could lose money because you miss a big ...
user6726's user avatar
  • 215k
2 votes
Accepted

Express Warranty on Private Car Purchase

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 ...
user6726's user avatar
  • 215k
2 votes
Accepted

What are customer laws about clothes warranty in Germany?

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 ...
o.m.'s user avatar
  • 18.3k
2 votes

Volunteering Breach of Warranty When Returning Goods

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 ...
gnasher729's user avatar
  • 34.3k
2 votes
Accepted

Car runs worse since repair after shady dealer interaction

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 ...
Putvi's user avatar
  • 4,000
2 votes
Accepted

Warranty options a replacement via warranty

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 ...
Greendrake's user avatar
  • 27.6k
2 votes

Can the warranty on a laptop be transferred to a new owner?

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 ...
David Siegel's user avatar
2 votes
Accepted

Seller liability and pre-owned merchandise malfunction

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 ...
David Siegel's user avatar
2 votes

Purchasing cell phone without warranty

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 ...
David Siegel's user avatar
2 votes

Refusal to Transfer Ownership of Laptop

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 ...
Jörg W Mittag's user avatar
2 votes
Accepted

Is the warranty valid by the day the product presents a defect or by the day the customer complains about the defect?

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 ...
Dale M's user avatar
  • 213k
2 votes

Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

I second ohwilleke's succinct analysis, and would like to support it from at least the warranty angle under a reading of the U.C.C. in California: “It is important to note . . . that even statements ...
kisspuska's user avatar
  • 3,924
2 votes

Does someone have liability for selling a vehicle that later fails and causes an accident?

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 ...
ohwilleke's user avatar
  • 221k

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