What to do if a product I have purchased has a 3-year warranty but it also has a design defect that may not occur until after the warranty period has expired?

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What to do if a product I have purchased has a 3-year warranty but it also has a design defect that may not occur until after the warranty period has expired?

The defect may never occur, however if it occurs it will require a multi-thousand dollar repair/replacement of the product. Additionally, the repaired/replacement part would have the same defect as the original product. I do not want to gamble with such a design defect. I would like a voucher or guarantee that I would be able to have the repair done as long as I own it. Also, it presents a huge time inconvenience to have the repair. What rights do I have now and what rights would I have after 3 years?

Asked on September 17, 2012 under General Practice, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

This is not an easy question to answer.  You may be able to revoke your acceptance of this product under the Uniform Commericial Code (Florida Statutes section 672.608.  This would require that you notify the seller within a reasonable time after discovering the defect and return the product.  This appears to be your safest alternative.

Even if the warranty extended beyond 3 years, I bet it is a limited warranty.  As a limited warranty, it may only pay for parts and not labor.  I would be very surprised if the warranty paid anything for time inconvenience or provided a temporary replacement.

Perhaps another lawyer has additional ideas, but I think you need to return the item or live with the risk.


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