The Saint Posted at 2-11 20:25
john, i like what you said except for this part "....It simply give DJI the discretion to legally do so."
why go thru all the trouble, dji should just say "...but we can void your warranty at any time for any reason whenever we feel like it." there isn't anything that i am aware of that gives dji this type of discretion to legally do anything they want just because they put it on paper. certainly if they wrote "place a lumecube on your drone, void your warranty because we tested it and it breaks our drone" then yeah maybe but that's not what you meant i assume.
The Saint,
Thank you for the link. The Magnuson-Moss Warranty Act is a very important statute. But if you actually read Magnuson-Moss Warranty Act it is simply comprised of legal terminology/definitions 15 U.S. Code § 2301 - Definitions.
Here are two links to legistilation that helps to understand the application of Magnuson-Moss Warranty Act.
§ 2-316. Exclusion or Modification of Warranties
§ 2-315. Implied Warranty: Fitness for Particular Purpose
Also, each States may have additional Consumer Protection laws which are more stringent, offering more protections to consumers, than the minimum Federal Consumer Protection laws. In California for example, the Song-Beverly Consumer Warranty Act covers most goods including vehicles, appliances and electronics.
DJI offers an Express Limited Warranty with Exclusions.
Here is a more generally stated summary from Wikipedia of Magnuson–Moss Warranty Act.
The Magnuson–Moss Act contains many definitions: - A "consumer" is a buyer of consumer goods for personal use. A buyer of consumer products for resale is not a consumer.[2]
- A "supplier" is any person engaged in the business of making a consumer product directly or indirectly available to consumers.[3]
- A "warrantor" is any supplier or other person who gives or offers a written warranty or who has some obligation under an implied warranty.[4]
- A "consumer product" is generally any tangible personal property for sale and that is normally used for personal, family, or household purposes. It is important to note that the determination whether a good is a consumer product requires a factual finding, on a case-by-case basis. Najran Co. for General Contracting and Trading v. Fleetwood Enterprises, Inc., 659 F. Supp. 1081 (S.D. Ga. 1986).
- A "written warranty" (also called an express warranty) is any written promise made in connection with the sale of a consumer product by a supplier to a consumer that relates to the material and/or workmanship and that affirms that the product is defect-free or will meet a certain standard of performance over a specified time.
- An "implied warranty" is defined in state law. The Magnuson–Moss Act simply provides limitations on disclaimers and provides a remedy for their violation.
- Designations:
- A "full warranty" is one that meets the federal minimum standards for a warranty. Such warranties must be "conspicuously designated" as full warranties. If each of the following five statements is true about a warranty's terms and conditions, it is a "full" warranty:
- There is no limit on the duration of implied warranties.
- Warranty service is provided to anyone who owns the product during the warranty period; that is, the coverage is not limited to first purchasers.[5]
- Warranty service is provided free of charge, including such costs as returning the product or removing and reinstalling the product when necessary.
- There is provided, at the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, the warrantor is unable to repair the product.
- It is not required of consumers to perform any duty as a precondition for receiving service, except notifying that service is needed, unless it can be demonstrated that the duty is reasonable.
- A "limited warranty" is one that does not meet the federal minimums. Such warranties must be "conspicuously designated" as limited warranties.
- A "multiple warranty" is part full and part limited.
- A "service contract" is different from a warranty because service contracts do not affirm the quality or workmanship of a consumer product. A service contract is a written instrument in which a supplier agrees to perform, over a fixed period or for a specified duration, services relating to the maintenance or repair, or both, of a consumer product. Agreements that meet the statutory definition of service contracts, but are sold and regulated under state law as contracts of insurance, do not come under the Act's provisions.
- Disclaimer or Limitation of Implied Warranties when a service contract is sold:
- Sellers of consumer products who make service contracts on their products are prohibited under the act from disclaiming or limiting implied warranties.[6] Sellers who extend written warranties on consumer products cannot disclaim implied warranties, regardless of whether they make service contracts on their products. However, sellers of consumer products that merely sell service contracts as agents of service contract companies and do not themselves extend written warranties can disclaim implied warranties on the products they sell.
Warranty and product liablity laws are very complicated and often based when not overt, such as an ovious defect, on legal precedence. There are also other factors such as intended use, modification which change the operational use/condition, specific statutes that apply to modification which are product/industruy specific in this case aviation and negligence.
The automotive laws which protect consumers from voided warranty for service or equivently aftermarket parts came from violations of The Sherman Antitrust Act of 1890. The case was based on monopolistic conduct and collusion. |