Len wrote in
:

I did. But I guess these pimplefaced youngsters that call themselves
full blown sales-people don't know anything usefull and therefor tend
to avoid any just ANY risk of being accountable.



It's called creating an "implied warranty of suitability for a particular
purpose". If you sell can openers and, in your zeal to get the sale,
tell the "consumer" (legal term in the law) that this can opener will
open any can that contains food, you have created an implied warranty of
suitabilitiy for a particular purpose. If the item doesn't perform TO
THE CONSUMER'S SATISFACTION, the consumer can demand replacement or
refund. So, it's best to tell your sales people to keep their big mouths
shut and tell the "consumer" as little about the defective can openers
you sell as possible, making no promises it will open any can at all.

http://www.ftc.gov/bcp/conline/pubs/...s/warranty.htm

Every consumer should read this FTC manual. It explains to the seller
what the implied warranties HE CANNOT JUST DECLINE AWAY on his limited
warranty wallpaper are and what his responsibility to the consumer is.
Great reading if you have a lemon...(c; Unless the manufacturer can talk
the FTC into a waiver, the Magnusson-Moss Warranty Protection Act
(15USC50 section 2300) is in full force. It's even written in English,
for a change, and is very specific, no matter what bull**** the
dealer/store says.

http://www.law.cornell.edu/uscode/ht..._15_10_50.html

The part that worked for me is:
http://www.law.cornell.edu/uscode/ht...5_00002304----
000-.html

Little paragraph a4 reads, interestingly enough:
"(4) if the product (or a component part thereof) contains a defect or
malfunction after a reasonable number of attempts by the warrantor to
remedy defects or malfunctions in such product, such warrantor must
permit the consumer to elect either a refund for, or replacement without
charge of, such product or part (as the case may be). The Commission may
by rule specify for purposes of this paragraph, what constitutes a
reasonable number of attempts to remedy particular kinds of defects or
malfunctions under different circumstances. If the warrantor replaces a
component part of a consumer product, such replacement shall include
installing the part in the product without charge."

Notice it says "MUST PERMIT THE CONSUMER TO ELECT", not the dealer or the
manufacturer's weasles. I think it could easily be used on those
defective boats you're all buying they tell you they can't or won't fix.

The judges tell them 3 attempts or 30 days....all the time.

The manufacturers have a buzzword to explain it all away. They call it
"buyer's remorse", placing all the blame on the buyers.

My attorney disagreed....(c;