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Discussion Starter · #1 ·
Look at this post I have found on an online store site who sells Pioneer products:


Under free trade law, we will honor any purchase of this product

and will provide full customer service for your purchase, however

the manufacturer may try to restrict your rights to warranty service.


The FTC paraphrases the Magnuson-Moss Warranty Act,

"...prohibits anyone who offers a written warranty from disclaiming or

modifying implied warranties. This means that no matter how broad or narrow

the written warranty is, the customers always will receive the basic

protection of the implied warranty...". Warranty restrictions on untampered product by the manufacturer

is illegal in many states. Contact your state government or the FTC for details.



So are we entitled to warranty service as long as the products is untampered no matter where we bought it? Time to call FTC....
 

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"basic protection of the implied warranty" generally means a functioning unit that has all of the features the manufacturer claims. It does not mean that a manufacturer has to accept warranty claims from people who purchased their devices from unauthorized dealers. Every piece of AV gear I've ever bought had a limited warranty for precisely this reason. If products shipped with an unlimited warranty, then the manufacturers would find themselves having to give service to units purchased from anywhere.
 

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I am not quite sure how to interpret the law here. I have been informed more than once, but lawyers, that the restrictions on product warranty as you had presented aren't legal in the great state of new york.


maybe someone can find cases on this? I remotely remember Yamaha got sued for this and the court ruled in favor of the consumer.
 

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Interesting info. I guess the lawyers would have to argue exactly what "implied" means, just like Clinton debated what the word "is" means. I suspect that Andrew is right, that is, a product will work as advertised for an unspecified period of time, and nothing more.


I think that a more successful attack on one of the biggest consumer frauds this century may be to go after manufacturers from a 'price-fixing' angle.


The wholesalers/retailers who are 'trans-shipping' these products to 'unauthorized' resellers paid FULL WHOLESALE PRICE. Therefore, the margin or 'insurance' premium that the manufacturer builds-in for potential DOA's, failures causing house-fires, warranty claims, etc. has been paid, and warranty claims should be honored. But then, we hear stories everyday about how insurance companies deny legitimate claims even though the premiums were paid. Deny warranty claims, improve your margins, and don't work too hard trying to cut-off those unauthorized channels of distribution. After all, they generate more volume/margin for the manufacturer than the 'authorized' dealers do because of the warranty claim, or two, that may have to be honored through 'legit' channels. It's all a game, and they are gambling that you aren't willing to pay more money to challenge them.;)
 

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Actually Bubba I think Slick didn't what know the definition of "is" is and he also had a little trouble understanding the defintion of "alone"; it's a tough one, I know I struggle with that one myself.:D


Daniel Smith
 

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Thanks Daniel. With a name like bubba, you'd think that I would know what the good ole' boy said. I fixed it.


I struggle with many things!
 

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Deleted - see corrected version.


Dsmith
 

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I am not a lawyer but took some law classes in college and I work with lawyers on a daily basis. As I understand, manufacturers cannot waive implied warranties of "merchantability" and "fitness for purpose." "Merchantability" means the product is in a condition suitable for purchase and will perform as described. "Fitness for purpose" means the product is designed and constructed in a manner such that it is "fit" for its intended purpose, i.e. a bucket meant to hold water will not be designed with holes in the bottom. I am sure any lawyers lurking could enlighten us further.


Edit - I believe the implied warranties above only apply to new products. The warranty we look for is the"limited" warranty covering manufacturing defects and include the cost of parts and/or labor. They are limited because they do not cover any loss resulting from failure due to misuse or accidental damages, including power surges. They are also limited to the cost of repair or replacement, and do not cover any other resulting damages (if it starts a fire and burns your house down they don't cover the house). Most manufacturers will post their warranties on their website, but what really matters IMO is how they actually handle claims. Some, such as Bryston, will just fix it immediataly no questions asked; they are pretty rare. Others, such as harman/Kardon (in my experience) are very customer friendly and make a sincere effort to fix any problems, sometimes even after the warranty expires. But some will look for any loophole or excuse to deny claims, or if they do accept it will take forever to fix it. They are the ones to avoid. I find that if they manufacturer allows the warranty to be transferred that is a very good sign; unfortunately, not many do.



Dsmith
 

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I just PMed a lawyer/ex-AVS moderator regarding this. I hope he can help...
 

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Lynn, I am not an ex AVS Moderator. I still moderate the Special Guest forum - I just no longer hassle with the Tweaks forum. So I'm just an exTweaky Moderator. HAAA!


Sorry, but although I'm a practicing attorney, I practice solely personal injury law and I'm not gonna offer advise re warranties when my advise might be worth the paper its written on due to my lack of expertise and practice in that area of the law. Oh well.
 

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Well Steve, thanks anyway. BTW, I miss you over at the Tweaks & DIY forum. You did a great job over there...
 
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