Quote:
Originally Posted by infinitekidM2C
Quote:
Originally Posted by MNoob
I'm sure there's someone here that knows - how can a company sell a product with a warranty, then change the warranty after products are sold? is that enforceable, especially for those that paid for the product under different, older warranty terms?
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It aint. Deal terms are made at the exchange of the "consideration" which is the "this for that." Can't change the deal after the fact and try to apply the changes retroactively. Haha no. |
You can if you insert the right to unilaterally amend the agreement.
Do you really think Facebook hasn't changed it's terms/agreement with you at least 100 times in the past year? They have, and you agreed to let them do it when you first signed up (don't ask me how I know).
That being said, usually with material terms like warranties, courts have dealt with this type of scenario in four ways (all assume they reserved the right to unilaterally amend the terms):
1 - if a negotiated doc, new changes apply
2 - if non negotiated, only warranty requirements/obligations at the date of purchase are enforceable without both parties agreeing to the amendment
3 - if non negotiated, and warranty changes are extreme variations, whole agreement is thrown out
4 - if non negotiated, court holds that hey you were put on notice that they could change the terms at any time, you had an obligation to check on them periodically, thus it's your fault and the new changes apply
Which path the court takes depends on the context of the specific agreement and the applicable state law
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