Legal Question in Business Law in New Jersey

breach of warranty

Water heater under warranty collapsed. Retailer said wholesaler would not replace unless sizable surcharge was levied, allegedly for the benefit of manufacturer. Retailer then reinstalled heater, charging large reinstallment fees plus surcharge. Can I recover against retailer or wholesaler, who are in-state, or manufacturer, who is out-of-state, given that all outlays were the result of a manufacturing failure covered by the warranty?


Asked on 6/03/04, 1:22 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: breach of warranty

I am unfamiliar with the terms of the warranty, so I will provide a general answer. Unless the warranty required the surcharge to be included, you should only be responsible for the reinstallation fees. Next, who is respnsible under the warranty. Was it solely from the manufacturer, or did the retailer also provide the warranty. Your claim is at least against the manufacturer, unless the terms of the warranty specify something else (e.g., names a service company to effectuate the warranty) and/or the retailer also warrantied the product. Without seeing the actual documents I cannot provide a more specific answer.

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Answered on 6/03/04, 2:26 pm


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