Warranty Disclaimer Invalidates Warranty

[Phredd]

New Hampshire

I bought a computer along with a couple of extended warranties. When the computer did fail, the company refused to repair the computer because they said the computer was not properly registered. This went on for weeks. Now I'm trying to recover damages, but the warranty includes a disclaimer, "disclaim any and all liability arising out of our refusal to service such product."

This disclaimer effectively releases them from any commitment to service the computer and invalidates the warranty. Is this legal? Is there a common doctrine that discusses this?

Thanks,
Phredd

 

[justalayman]

their disclaimer would be referring to any additional damages incurred due to their refusal to service the machine. It does not release them from liability to actually service the machine.

I presume there is verbiage within the warranty contract that states you are required to register the equipment. If so and you failed to register said equipment, then the fault is on you for either not reading the requirements or for not fulfilling the requirements.

If it is not required within the contract, then they are still liable to repair said equipment.

 

[BL]

I bought a computer along with a couple of extended warranties.

I find it interesting why you would need " a couple " of extended warranties .

Please enlighten us .

Does not the warranty(s) refer to your computer by serial and model numbers , with your name as purchaser ?

 

[Phredd]

justalayman, I believe you're right that they are limiting their liability for additional damages. It still seems that if they can limit their liability, they can breach the warranty with impunity. Isn't this analogous to a party putting a disclaimer at the end of their contract, "we're not liable for any breach of contract"?

Blonde Lebinese, in addition to the standard warranty, one additional warranty covers accidental damage from handling and the other expedites repairs to be completed within one business day.

There were no instructions for registering the warranty, which I believe is contrary to consumer protections. I have an invoice showing that I paid for the warranties, but since the computer was bought from a dealer, they do not indicated the serial numbers. I called them to register the warranty and thought it was registered until I needed service.

Phredd

 

[BL]

If you have the receipts for the PC purchase and the warranties indicating the same day or close to it of the purchases , I have a couple of suggestions , but would not necessarily be a quick remedy , if at all , but worth a shot .

1) If they are a BBB member file a complaint with the BBB.

2 ) File a complaint with your local Office Of Attorney General - Consumer Affairs Dept.

I was successful with a PC warranty complaint through the OAG , and subsequent contact with the consumer rep. from the warranty Co.