12-19-2014, 10:10 AM
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#31
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Senior Member
Join Date: Mar 2013
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Location: Jacksonville, FL
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Quote:
Originally Posted by extrashaky
Just because a merchant doesn't have an express warranty does not mean you don't have a warranty on the merchandise you buy. In the US, the Uniform Commercial Code says that products sold by merchants under normal circumstances carry an implied warranty of merchantability, which means the product has to be fit for its intended purpose. If it's not, the merchant is held responsible regardless of whether they published a warranty with the product.
Rarely do you have a product with "zero warranty." If you buy a printer from a merchant under normal circumstances, use it normally for a week and it breaks, that printer was obviously not fit for its intended purpose. If the merchant says, "Sorry, we don't carry a warranty on those printers," your response should be "Bullshit! You will repair or replace this printer at no cost to me." Then you consider all the courses of action noted in the OP's post.
The only way a merchant gets out of the implied warranty is to conspicuously disclaim it before the sale. They can't just say it's sold "as is." They have to specifically state that they are disclaiming the warranty of merchantability. But some states do not allow the warranty of merchantability to be disclaimed, so not even a disclaimer is foolproof.
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I bet you're so popular at parties...
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