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  1. #1
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    Feb 2015
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    Default Customer Changed Warranty Terms

    My question involves a consumer law issue in the State of: CA

    We have a written, signed contract with customer from 2008. Our standard warranty is 5 years. This is written in the contract as "five years" for warranty, and is standard for every contract of this type. Customer crossed this out, put "ten" . This was not noticed at the time the job was in progress and completed. They now expect us to fix something that is past our warranty of five years. This change was not approved, nor initialed by us. They just wrote it in and expect us to honor it. Since it is hand written into the contract and was never approved by us, do I have to honor it by law? They snuck this in and I really want to tell them NO!

  2. #2
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    Sep 2011
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    Default Re: Customer Changed Warranty

    Not without a judge ordering it, though you argument gets a bit less favorable since the notation is on your copy.

  3. #3
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    Default Re: Customer Changed Warranty

    Thank you for your reply. Do you know any legal precedent on this? Type vs. hand written??
    Also, I like your "teach a man to fish" quote!

  4. #4
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    Default Re: Customer Changed Warranty

    Read 202B. If you do the work, you have agreed by doing the extra work under A. If you decline to extend the warranty as the contract was unknowingly modified,B. a court must decide. As your agent did not initial it, there is no direct proof of intent to modify the warranty.

    http://www.law.cornell.edu/ucc/2/2-202

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Customer Changed Warranty

    Quote Quoting CCM
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    Thank you for your reply. Do you know any legal precedent on this? Type vs. hand written??
    Also, I like your "teach a man to fish" quote!
    is it on your copy of the contract?

  6. #6
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    Default Re: Customer Changed Warranty

    It is on my copy of the contract. It was not noticed when we started the job, and it was never initialed by anyone from our company. We would have never approved it. Standard warranty is always 5 years.

  7. #7
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    Default Re: Customer Changed Warranty

    yet you have a contract that was obviously as it is now at the time of signing. How do you argue it was not intentional?


    and here we are back where disagreeable was awhile back; in court. You want to argue you did not agree to the change; the customer is going to argue you did. The judge gets to decide.

  8. #8
    Join Date
    Mar 2013
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    18,340

    Default Re: Customer Changed Warranty

    Quote Quoting CCM
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    It is on my copy of the contract. It was not noticed when we started the job, and it was never initialed by anyone from our company. We would have never approved it. Standard warranty is always 5 years.
    Doesn't matter what your "standard" warranty is.

    Your customer signed a contract and handed it back to you. You didn't bother to check it over to make sure there weren't any alterations. Then you did the work.

    As far as your customer is concerned you did the work based on a ten year warranty.

    If I were a judge I might agree with your customer as "contracts of adhesion" are generally construed against the party that wrote and proffered the contract.

  9. #9
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    Default Re: Customer Changed Warranty

    The point here is if you just throw in the towel, you obligate yourself to the ten year warranty. If you make a judge decide, he is forced to chase it and may not prevail. If this is an item like a furnace, that a company would be foolish to issue a 10 year warranty on, as a professional, you can make a valid argument no one would logically warrant for 10 years without an additional fee to cover the repairs you know will be coming.

  10. #10
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    Jan 2006
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    Default Re: Customer Changed Warranty

    Quote Quoting Disagreeable
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    The point here is if you just throw in the towel, you obligate yourself to the ten year warranty. If you make a judge decide, he is forced to chase it and may not prevail.
    actually, the OP is not required to do anything. If he simply refuses to perform under the claimed warranty, the other party is the one who would have to act to have the warranty enforced. Unless he does, OP can simply continue to refuse to perform.

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