Legal Question in Product Liability in California

Warranties

Last January, I bought a computer for my store. I went to a large computer store where there was a sign posted:''All our products contain anti-virus programs guaranteed to catch any virus.'' When I opened the box at the shop, inside was a booklet marked ''Warranty information'' and a separate booklet that said ''Warning: Check for Viruses on any Software.'' The booklet inside contained the following information: ''There are no warranties given with this product except those expressly contained in this booklet.

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. In lieu of all warranties, XXX Computers will repair or replace any part that is not working if the defect is promptly reported but in all cases any defect must be reported within 2 months of purchase.''

Last week a virus destroyed my database. I lost all the information I need to bill for the last month. This means I will lose approximately $100,000. I returned to the computer store and was told it could repair the machine under the warranty; however, the store told me it will take two weeks to repair, they cannot retrieve the information in the files. They say that my remedies are limited to repair. What should I do?


Asked on 4/17/02, 12:58 am

1 Answer from Attorneys
D. Alexander Floum, Esq.

Re: Warranties

You should hire an attorney to write a demand letter requesting that the store pay for at least some of your lost profits. Alternatively, if an expert can recover your database information from the computer, then you could sue for the price of the recovery services.

Disclaimers of warranties are in many cases binding. However, the store's sign "GUARANTEED" that its virus protection would catch all viruses. Therefore, you may have a good lawsuit.

Of course, the facts would have to bear this out for you to win the case.

Let me know if I can be of further assistance. You can review my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html (you may cut and paste this web address into your browser bar).

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Answered on 4/17/02, 2:02 am


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