Legal Question in Business Law in California

Warrenty Issue

Here is the situation, We are a distributor for a larger company and that company has a limited warranty covering all there products unless there is some sort of abuse. Well we sold one of there products and the customer ask if there is a warranty that comes with the product I replied yes a one year warrenty unless its abused. He stated that he wanted that to read on the invoice something we don't normally do so we stated simply that the product came with a one year warrenty on our invoice to him. Well he sent the product back to the manufacture not us saying the product no longer worked and that he wanted it replaced under warranty. Since the product was deemed abused my the manufacture it was not covered under the companies limited one year warranty. The customer stated thats not what was stated on our invoice that simply stated that there is a one year warranty, and that the product should be replaced no matter what. The warranty we offer is the manufactures limted warranty but we didn't stat limted on the invoice we sent with the product. Do have a leg to stand on refusing to replace this product for free considering that it was abused.


Asked on 9/10/03, 3:05 pm

3 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Warrenty Issue

I think that your best strategy is to proceed to the point of mediation, and then try like hell to settle the case. I think that the court or jury will favor the ultimate consumer in this matter. You should be much more careful in future.

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Answered on 9/10/03, 3:46 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Warrenty Issue

I agree with the prior answer to the extent that it says you're on the hook for a warranty. By making the notation on your invoice, you made an express warranty of your own.

I disagree, however, in its likely consequence if the matter goes to litigation. Your warranty, although express, is (apparently) very vague as to its terms and coverage. Therefore, it is arguable at trial that it covers defects in design and manufacture, but NOT failure as a result of abuse.

In fact, after a brief review of California's Uniform Commerical Code, sections 2313 et seq., and annotations, I rather believe your warranty was only that a warranty existed, that being the manufacturer's, if indeed you wrote no more than "this product is warranted" or words to that effect and without saying more.

I predict that if you are sued and well represented at trial (or well prepared in small claims) you have a good chance of winning on the merits. The fact that the customer abused the product is decidedly in your favor, if you have decent proof of the abuse.

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Answered on 9/10/03, 6:00 pm
Larry Rothman Larry Rothman & Associates

Re: Warrenty Issue

Everything depends upon the product, the expectation for its use and your warranty. Please conduct our office for consultation and review of your documentation. 714 363 0220.

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Answered on 9/10/03, 10:24 pm


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