Product Warranty - 3 Strike?

[iKwak]

What is the name of your state? CA



If I recall correctly, when a U.S. automobile has the same problem 3-5 times, the lemon law (in CA) requires the company to replace the part or the car.


Well, there is this new ice machine. We had it serviced twice for the same problem. We call the company to get it serviced and it takes them over five calls and weeks to get them to arrive. Does not keep their promise.
If there is a problem after the repair/service, is there a law that I can get the product replaced because it may be a defect? The one-year warranty is within this month.

 

[I AM ALWAYS LIABLE]

My response:

Is this "ice machine" used for business purposes; e.g., the machine is used to make ice for customer consumers?

The Magnuson-Moss Warranty Act (15 USCA § 2301 et seq.) provides consumers with a right of action based on consumer product warranties. So, if the machine was purchased for, and is used for, "business purposes", the Act does NOT cover you because this Act is only for "consumers"; e.g., if this ice machine is used for "home use".

If it's for business usage, the best you can do is sue for breach of contract and business interruption expenses, subject to the provisions and exclusions within the machine's warranty paperwork.

IAAL

 

[iKwak]

My response:

Is this "ice machine" used for business purposes; e.g., the machine is used to make ice for customer consumers?

The Magnuson-Moss Warranty Act (15 USCA § 2301 et seq.) provides consumers with a right of action based on consumer product warranties. So, if the machine was purchased for, and is used for, "business purposes", the Act does NOT cover you because this Act is only for "consumers"; e.g., if this ice machine is used for "home use".

If it's for business usage, the best you can do is sue for breach of contract and business interruption expenses, subject to the provisions and exclusions within the machine's warranty paperwork.

IAAL

The machine is for business purposes. Thanks for your reply.

 

[iKwak]

In regards to this situation: I called a service company to repair the machine. For the fourth time, the machine is having the problem although it has been serviced. Whom should I contact about the problem since I don't think the service repair company is doing their job properly.