Questions tagged [warranties]
63 questions
17
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1 answer
"Lifetime Warranty" terms and conditions changed after purchase
Around four years ago I purchased a pair of William Painter sunglasses through a successful Kickstarter campaign.
The campaign advertised a 'Lifetime Warranty', which they clarified in an FAQ on Kickstarter as follows:
What are the details of the…
Hugh
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16
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4 answers
Can I viably sue for damages caused by bugs in freeware?
Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or thinks that profit is not viable.
I know that in some…
Daniel Goldman
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16
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2 answers
How to legally ensure the practical utility of a long-term warranty that might outlast the life of the issuer?
General construction company is selling a 50 year roof. Furthermore, they are selling a 50 year roof with a 50 year warranty by them. Said general construction company has existed for 8 years. I have no reason to believe they will exist in 50 years…
Joshua
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9
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1 answer
History of "No Warranty" clauses in software
Almost all free/open source software licenses include a section disclaiming any warranty or liability. This is not new; A 1985 licence for GNU Emacs includes the following:
GNU Emacs is distributed in the hope that it will be useful, but without…
Kaia
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5
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2 answers
Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?
TL;DR
Is the contract of sale, including binding arbitration, referenced on the packaging of Western Digital (WD) products legally binding?
To summarise the relevant facts:
This is a contract of sale between WD and the consumer, and the packaging…
bwDraco
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5
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Why is "as is" in quotes in the GPL?
In the GPL, why do they put quotes around the phrase here:
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT…
Parthian Shot
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4
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What warranty would gratis software have?
Most, if not all, free and open-source software (FOSS) licenses have a liability/warranty disclaimer. The GPL's disclaimer is especially long:
Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE…
Someone
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4
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3 answers
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.
Bob buys such a vehicle. Turns out the vehicle communicates with the hydrogen wells, and commands…
HJay
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4
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1 answer
Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?
Hypo...
Bob buys a vehicle for $20,000 with a balance on the new vehicle warranty from the manufacturer; however, soon finds out that the engine, the AC and the radio do not conform to the written promises having created an express warranty and/or…
kisspuska
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4
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1 answer
Claiming statutory warranty for a fault that resulted in the loss of the product
I recently experienced a failure on a rather expensive piece of sport equipment upon its first use. I purchased the product in the UK and experienced the failure in the UK, 2 weeks after purchase. I believe failure occurred because I had been…
Gusdor
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3
votes
2 answers
Does replacing the operating system on my laptop void my warranty?
I purchased a typical mid-range laptop in late March this year. It came with Windows preinstalled. As soon as I unpacked the computer I removed Windows and installed Linux. I have been using it without any problems until two weeks ago. The system…
lbx1807
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3
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Does someone have liability for selling a vehicle that later fails and causes an accident?
Suppose Alice wants to sell a 20 year old car with some structural issue that she knows about. Alice discloses the issue, along with the disclaimer that she is not a mechanic and doesn't claim to know the significance of the issue. Alice sells the…
Joshua Frank
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3
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2 answers
Is it necessary to explicitly disclaim warranties on "private" sales?
When people in Germany and Austria sell their own second-hand goods (used clothing, toys, bicycles, etc.) via online classified ads or auctions, they almost always include a statement explicitly marking the sale as "private" and disclaiming any…
Psychonaut
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3
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does pumping bad gas imply that we're required to return to that service station for the repair?
My wife filled her car's gas tank at a station that also provides auto repair service.
After driving a few miles, the car's engine started to run poorly, the engine service light turned on, and it had barely enough power to make it to the side of…
Joe Doyle
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3
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Is it possible to distribute BSD (derived) software with a warranty?
(In the following, assume that "I" is not personal, but could be a corporation or group suitable in size and training to perform the tasks)
I have received sample code carrying a license patterned after BSD:
Copyright (c) (Year and original author…
Ben Voigt
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