On 3/16, Les Smith wrote: >Surprisingly, it probably doesn't even matter whether the piano >has a written warranty from the manufacturer, or not! Most states >have what is called an IMPLIED WARRANTY of MERCHANTABILTY, which >means that the RETAILER that sells the product implies that the >product is uasable for the purpose for which it is intended and >he can be held liable under the law, if it isn't Actually, this type of warranty that Les referred to is the implied warranty of fitness for a particular purpose. This is an implied warranty under Article 2 of the Uniform Commercial Code (law in 49 states except Louisiana - due to French civil law heritage). The implied warranty of merchantability (also provided for under Artle 2 of the UCC), although closely related, is separate and generally stands for the suitability of a product to be sold in good faith by third parties as meeting customary and reasonably expectable standards in the industry for quality of the product or goods sold. The statute of limitations under the UCC is usually four years. Most such implied warranties are expressly excluded and replaced by express warranties of limited time and duration. The typical "limited warranty" (you have all seen them) is something like parts and labor for one year or some other period. It would seem like a terrific oversight for the U.S. distributor of Belarus pianos to fail or neglect to state an express warranty to limit its liability. One the other hand, they may have complete confidence in the product and are willing to endure a longer liability period. Even so, one would think it prudent to say so in black and white. Don McCallion - don@ct2.nai.net New Milford, CT
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