Questions tagged [warranties]

63 questions
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"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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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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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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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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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…
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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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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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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…
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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…
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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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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…
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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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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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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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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…
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