Legal Question in Business Law in California

Product Warranty Law

I purchased a computer monitor with a written three year warranty, address in California. After 23 months I had to return the monitor to the seller who returned it to the manufacturer under its written warranty. The manufacturer told the seller that the product is no longer under warranty because they changed their warranty policy to one year, several months after I purchased their three year warranty product. I would like to call the manufacturer about my product, with the latest information about the warranty law.


Asked on 7/26/99, 8:50 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Product Warranty Law

Ordinarily a manufacturer cannot change a warranty's term after purchase, any more than it can remove a component from the machine you bought. If the warranty terms specifically state that the manufacturer has the right to change these terms, then they might be able to do so. Such a change would ordinarily require written notice to the buyer, but this would only be required if you informed them of your address. Also, some warranties state that they are only effective if the buyer registers, and failure to do so may waive some or all of the warranty's protections.

If the company is just trying to say that you have to accept a change they made after your purchase, then you should prevail. You paid for a product including a three-year warranty, and (unless the warranty itself gives the manufacturer some unusual right to modify its terms) you are entitled to have the manufacturer honor this warranty so long as you have fulfilled your end of the bargain. They can't just unilaterally change the terms of a bargain that has already been struck.

Read more
Answered on 7/29/99, 2:07 pm


Related Questions & Answers

More Business Law questions and answers in California