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#1 |
Blu-ray Champion
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#4 |
Blu-ray Champion
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This warranty is "free" in Quebec.
Legal warranty Responsibility : Office de la protection du consommateur All goods and services sold or leased are covered by a mandatory basic warranty (legal warranty). The legal warranty applies under the Consumer Protection Act, even if the manufacturer does not offer a warranty. The property you buy must be able to serve the purpose for which it is normally used, and for a reasonable period taking into account the price, terms of use and terms of your contract. |
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#5 | |
Blu-ray Ninja
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That kind of warranty should be free, it's like they're making money on FUD. |
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#8 | |
Blu-ray Champion
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#11 | |
Active Member
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I jumped on that one, and I am not usually a sucker for extended warranties and what not |
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#13 | |
Active Member
May 2008
Colorado
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#15 | |
Active Member
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^^^The concepts are called merchantability and fitness for a particular use and they are basic concepts everywhere in the Western World so, I hate breaking this to you but this is not unique to Quebec. The problems you have with a law written this vaguely, though, is that it doesn't address time specifically and there is absolutely no standard to determine what is "reasonable" for any particular item. The way you've listed the law implies that the only standards that are used to determine what is defined as reasonable are the price, terms of use and the terms of the contract. Doubtful. Seriously, how does the court or a government bureacracy adequately determine how long my PS3 should keep running without any frame of reference? Besides all of this, merchantability/fitness for a particular use warranties are implied warranties (because that's what you're talking about with the "basic free warranty") and only come into play when there is no express warranty (the only reason "even if" is thrown in there is for the basic warranty to come into play when the written express warranty is vague, unreasonable/unconscionable and/or incomplete. Sony has an army of lawyers to make sure that the terms of their warranties are specific, reasonable and complete.). The PS3 comes with a standard express limited warranty (one year) so that basic "free" warranty doesn't enter into the equation at all. The terms of use and the terms of the contract are explicit in the warranty that you agree to when you purchase the product. So to sum up, Sony already has a warranty on its merchandise that supersedes your basic "free" warranty in Quebec because as Sony states specifically in the terms of their contract, they guarantee the merchantbility and fitness for a particular use of their goods for one year, i.e., the manufacturer is stating that the reasonable period of time for the use of their product, under normal use is one year... that's it. As the article states (as does the official release from Sony), this plan from Sony is not an extended warranty, it's a protection plan that would extend the same coverage normally offered under the terms of the original warranty, i.e., it's insurance, despite what people are calling it. A warranty is a contract that guarantees merchantability/fitness for a particular use over a certain period of time and offers remedies if the product doesn't function accordingly during that timeframe. You don't pay for a warranty and because of that, the phrase "extended warranty" is technically a misnomer. The timeframe for merchantability or fitness for a particular use doesn't change simply because you pay an extra $50.00 (how does paying more money improve the reliability of the product?). All the extra $50.00 does is insure you against loss beyond the terms of the original warranty. It doesn't mean they guarantee its merchantibility or fitness for a partcular use beyond the original term of the warranty. I hate going all legal-ese on you, but when black letter law is quoted out of context, without and understanding or explanation of the reasoning behind it, I think it's only appropriate that I provide some clarification especially when it's implied that in Quebec you can change the terms of Sony's express warranty because of the "basic free warranty" in Quebec. It simply doesn't work that way. Sony's warranty would have to be ridiculously vague and unreasonable for that to be the case. It's not. It sounds like you've had some success in the past with small claims cases. I can say pretty much with absolute certainty that if you went after Sony and tried to make a claim against them outside the scope of their express warranty, you would not be successful... not even in Quebec. Last edited by Captainhawk1; 05-04-2010 at 09:46 AM. |
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#20 |
Active Member
Mar 2009
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I got the dreaded RSOD at in March...1 year and 2 weeks after I originally bought it. No amount of asking, begging or pleading got my dead PS3 covered. It cost me $150 and so $60 for a couple extra years seems cheap.
Last edited by Krejaton; 05-07-2010 at 03:11 AM. |
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