Legal Question in Business Law in New York

Is it legal to make a sale final on a custom product ??

I'm looking to sell custom computers online to clients within the US.

I'd like to make all sales final since these are custom systems, offering online and phone support, and warantees that cover parts that failed as a result of non abuse or defective manufacturing.

Is this a legal stance on my part ?? or given a customer's insistance on a refund, am I obligated to give them a refund ??


Asked on 9/16/03, 10:13 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Is it legal to make a sale final on a custom product ??

You can sell your product on such terms as you wish and that are acceptable to the buyer.

With custom items it is always important to spell out in clear, plain language the terms which will apply.

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Answered on 9/16/03, 10:27 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Is it legal to make a sale final on a custom product ??

It's legal as long as the product is working when sold and the client has had a reasonable opportunity to inspect the product to make sure that its satisfactorally working when purchased.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/16/03, 10:57 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Is it legal to make a sale final on a custom product ??

The answer is a little more complicated than that previously suggested. Since you are selling items on-line, your purchasers could be anywhere, including international.

Each state (and country) may have different consumer protection laws and, without doing a survey, it is simply not possible or cost-efficient to know each state's laws.

To do it right, you should hire an attorney. In any event, any web-based sales should have an "accept" or "reject" contract section, part of which would contain language that the sale is governed by a particular state's laws -- such as N.Y. In that way, you can limit liability for a cross-border sale, and still include express provisions limiting the warranty, mechantibility, etc., of your product and including language that refunds/returns are not accepted.

A few thousand spent now on an attorney could save you tens of thousands later, as too many of my more unfortunate clients have learned the hard way.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 9/17/03, 10:57 pm


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