Consumer Law, Warranties How is this warranty calculated?

PiaffePonyTx

New Member
Assuming all conditions are met for a product to qualify for repair under the warranty:

You purchase a product with components clearly listed under 4 different warranty terms: 20, 15, 3, 1 years on a "straight line amortization schedule" that is pro-rated yearly.

What typically makes up the amount being amortized;
Base purchase price(BPP)?
BBP + admin fees +tax + shipping?
The BBP+All fees+interest paid via financing?

Now let's say we've determined the amount being amortized.

The components that make up the product purchased clearly fall into one of the 4 warranty terms.

HOWEVER, the components are not itemized. No where in the invoice, written agreement, or written warranty policy does it indicate an exact amount or even a percentage of the BPP.

Let's say the salesman told you that the component warrantied for 15 years is 10% of the BPP. Hypothetically: if you purchased something for $100,000 and the part that needs replaced is $10,000 (15 year warranty) and you've owned the product for 5 years. What should it cost you to replace it under the warranty?

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Second scenario: Let's say you purchase a product with a 20 year warranty on a straight line amortization.

The company (lessor) finances their product to you (lessee)for 10 years on a lease to own basis. In the written agreement, there are 2 conflicting sections.

Section on first page says "you are entitled to all the promises and warranties provided to the lessor by the supplier (their mother company)..."

Then a section on page 5 says if you're not in default, "Any purchase by the lessee of the equipment in accordance to this section (pays all the fees due, isn't in default of any other agreements with lessor and provides no less than 90 days and not more than 120 days of intent to purchase) shall be "as is" and "where is" without any representation, warranty or recourse of any kind against or by lessor. "

So the warranty no longer exists when you purchase the equipment at the end of your lease term and met all the requirements?













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1: This forum is for US law matters only. You failed to list your US state, but your userid suggests you are from Texas.
2: You will need a full review of your warranty. Please contact local legal counsel.
 
If a warranty is that lengthy and involved you should read and understand it before buying and never rely on what a salesman "tells" you.

If you are having warranty difficulties with an item, you'll need a lawyer, especially if you paid $100,000 for the item.
 
f you are having warranty difficulties with an item, you'll need a lawyer, especially if you paid $100,000 for the item.

PXHX might explain how one thing is connected to the other.

3rd building failure. About to be uninsurable

Second fabric building failure in 8 years

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1: This forum is for US law matters only. You failed to list your US state, but your userid suggests you are from Texas.
2: You will need a full review of your warranty. Please contact local legal counsel.

Yes, I'm from the US. I was trying to ask more generalized questions so I didn't think mentioning to state was all that necessary... but will the next time.

I have consulted with a corporate attorney licensed in my state. However, he is a friend and busy. I don't want to take advantage of his time.

He said explained the concepts of contract law on things like parole evidence and other issues I'd that would be more difficult to over come but said I should consult an attorney that was more familiar with the Texas Deceptive Trade Practices Act where things like parole evidence are allowed and treat small businesses owning less than $25m in assets as consumers. Blanket waivers of expressed and implied warranties have to meet certain requirements in order to be binding.

I'm trying to do my research, get all my info gathered and organized so he's not wasting billable hours. I want to know enough about the issues to be able to choose the best attorney for me.


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If a warranty is that lengthy and involved you should read and understand it before buying and never rely on what a salesman "tells" you.

If you are having warranty difficulties with an item, you'll need a lawyer, especially if you paid $100,000 for the item.

The warranty is 2 pages long and is a separate document that the main agreement refers to. My ex husband's work provides an hour or two with an attorney every so often as an added benefit so we did utilize that after we read it discussed it with him, discussed it via email with the company sales and finance rep... we spent 8 months researching buildings...metal and fabric. We talked to other building owners both referred and others we found via social media. Drove to the very few fabric structures in our area built by this company and others.

We were fine with the agreement when we thought we were getting a quality product. The warranty and the other legal documents associated with the transaction can be interpreted more than one way apparently. After reading it 100 times in the last two weeks and having other people read it.. they came to the same conclusion. It actually doesn't specifically exclude the cover. It says they will only honor the wind/snow loads for the frame if we received stamped engineered drawings that we also thought were included because it specifically states in the design documents that 3 copies are included... not "they are only included in your building codes require them".

It's obviously been an issue before because every contract and warranty documents I've been able to locate online, the wording is much more clear.

I'm asking about how the warranty is calculated in others opinions because a judge may find some complaints valid and others not. I'm trying to get a better idea of how this can play out and see how much time and money I'm willing to risk. I just want the building I paid for. 6 bad covers in 8 years when I was told it would last 25 but warrantied for 15? That's more than a coincidence or bad luck... that's a manufacturer defect. I contacted their competitors, and even a few of their dealer/subcontractors to see what's wrong, how could it be fixed etc..and they all said pretty much the same thing. It's a design flaw and they explained it very clearly.





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I'm asking about how the warranty is calculated in others opinions because a judge may find some complaints valid and others not. I'm trying to get a better idea of how this can play out and see how much time and money I'm willing to risk. I just want the building I paid for. 6 bad covers in 8 years when I was told it would last 25 but warrantied for 15?

Warranties tend to be used to assist with what is termed as "puffing", some say "huffing & puffing" to get a prospective customer to become a PAYING customer.

If you're worried about protecting an investment, I've found its far better to buy insurance.

I also know that if a manufacturer is going to honor a warranty, its done without the effort you've had to expend to receive the "shoo fly" or the "run around".

From someone who owns a working cattle ranch (running about 9K today), I've been approached to buy fabric buildings at very low prices.

My due diligence, as well as some of the other nearby ranchers, none of us took the bait.

In our considered opinions we just didn't believe the pitches we were given.

I'm sticking with wood and steel.

As I've said on your other threads, I hope you receive that which you seek.

3rd building failure. About to be uninsurable

Second fabric building failure in 8 years
 
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