Legal Question in Consumer Law in New Jersey

Implied warranty of merchantability

I purchased an XBox 360 on 11/22/05, which I paid 399.99 +tax for. It included a 90 Day Express warranty which covered parts, labor and shipping.

Within the past week, my console started to have issues reading disks (game, dvd, cd). I called regarding the problem, and they have quoted me 129.00 for repair service.

According to their website, I may be entitled to an implied warranty. I did alot of research, and the only information i've found was n.j.s.a 12A:2-314/12A:2-315. I cannot determine if I would be eligible to receive repairs under the implied warranty.

The customer support people are not familiar with implied warranties, so I have been continuously given the run around.

Can anyone tell me if I have a leg to stand on? Should I just bite the bullet and pay the 129.00 for repairs.

I apprecciate any insight.


Asked on 7/22/06, 2:29 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Implied warranty of merchantability

The two implied warranties applicable to goods are stated in 2-314 and 2-315. In your case, 2-315 would not apply and 2-314 would not have been violated. Sorry.

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Answered on 7/22/06, 10:20 pm


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