Does a manufacturer’s warranty cover design defects?

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Does a manufacturer’s warranty cover design defects?

I purchased eyeglasses directly from an optical. Once I tried on the frame, I paid for it. I lefted the frame with the optical so lenses can be put in it. Once I received the eyeglasses, I noticed that the frame beside the lens were not identically shaped on both sides, dents on the frame, and that the paint on the frame is discolored. I showed it to the optical a few days after I received it and showed where the damages where. The optical said the damages are not manufacturing defects, so they are not liable. Is a company liable for giving a damaged product to a customer?

Asked on July 13, 2012 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the manufacturer's warranty concerning the eyeglasses that you purchased covers design defects depends upon what the presumed written warranty states. As such, you need to carefully read the written warranty that you received for your eye glasses in that such controls the obligations of the manufacturer owed to you under the warranty.

If nothing is said as to design defects, then most likely the warranty covers such.


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