Don't Void the Warranty

Under certain circumstances, especially when the consumer has used a product for something other than its intended purpose, a merchant may choose not to honor the terms of a warranty by declaring it void. 

But sometimes merchants may attempt to void a warranty for reasons that are strictly prohibited by the Magnuson-Moss Warranty Act, a federal law governing most consumer purchases in the U.S., or various state laws.

While the federal act establishes a groundwork for U.S. consumers, state laws add another layer and often more protections for consumers. 

Even if your written warranty is voided, you may be protected by an implied warranty.

The best way to protect your interests and avoid having your warranty invalidated is to fully understand the terms of your warranty. 

And of course, reading the fine print if it is a limited warranty. Full warranties are much less common than limited ones and are legally required to cover all repairs or replacements pertaining to defects within the warranty period.

Therefore, reasons for voiding a limited warranty usually vary with the manufacturer or individual product. Understanding the conditions and limitations of a warranty will usually inform you of when the warranty can and cannot be invalidated. 

Ask yourself the following questions when making a major purchase:

• How long does the warranty cover your purchase?
• Does the warranty cover repair, replacement, or a refund if the product fails?
• Who should you contact and what are the procedures for obtaining warranty service?
• Which parts and problems are covered by the warranty? Which are specifically excluded?
• Does the warranty also cover "consequential damages," such as the cost of spoiled food when a freezer fails to operate?
• Are there any modifications, changes or unauthorized uses of the product that could void the warranty? Under federal law, the merchant must prove that a defect was caused by the alteration in order to void a written warranty.
• If it is a so-called "lifetime" warranty, does this mean the life of the product or the life of the owner?
• Is the merchant a reputable company?

Below are some of the most common reasons warranties are invalidated by merchants:

• The warranty period has expired
• The defect or part is not covered
• The product failure is due to misuse or lack of proper maintenance
• You have made significant alterations to the product, affecting its performance

The terms of limited warranties differ from one company to the next, and sometimes even within one company's product line. The following examples illustrate this diversity:

• Apple: The act of "jailbreaking" an iPhone, whereby users override built-in limitations in order to run unapproved software, voids its warranty. Jailbreaking is legal, though.
• Kohler: The company's lifetime limited warranty covers its faucets for as long as the original purchaser owns his or her home. The policy states that "improper care and cleaning will void the warranty."
• Chevrolet: Its "bumper-to-bumper" warranty covers the first three years or 36,000 miles. Among other exclusions, the policy does not cover coolant hoses, the engine radiator, or clutch.
• Integrity Windows and Doors: Its limited warranty covers stress cracks caused by product defects for 10 years. Non-glass components are not covered for windows "installed within one mile of a sea coast."
• Buck Knives: The knife maker's "forever" warranty is essentially a full lifetime warranty, with a few conditions. Knives damaged by misuse, improper maintenance, self-repair, or tampering are not covered.

Where are you going with this Tom????

An implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties irrespective of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home.

Bring it home, Tom, bring it home! 

Warranty of Fitness, folks. It's all about 
Warranty of Fitness.

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. 

This implied warranty can also be expressly disclaimed by name, thereby shifting the risk of unfitness back to the buyer.

Did you catch that????  Shifting the risk of unfitness back to the buyer.

Major Purchase Alert!!!  November 8th 2016

The Oath of office of the President of the United States is the oath or affirmation that the President of the United States takes after assuming the presidency but before he or she begins the execution of the office. The wording is specified in Article II, Section One, Clause 8 of the United States Constitution:

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

This clause is one of several that employ the oath concept, but it is the only clause that actually specifies the language of an oath for a constitutional officer. While the Oaths Clause in Article VI simply requires the persons specified therein to "be bound by oath or affirmation, to support this Constitution," the Presidential Oath Clause requires much more than this general oath of allegiance and fidelity. 

This clause enjoins the President to swear or affirm that they "will to the best of [his or her] Ability, preserve, protect and defend the Constitution of the United States."

Warranty of Fitness, folks. I hope that by now you can see that this blog was not about new cars or iPhones or flat screen TVs. We are talking about who has their fingers on the nuclear codes. It's all about Warranty of Fitness.

...to the best of his or her ability.......