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      02-05-2020, 07:18 PM   #45
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Originally Posted by BeastieBombRacing View Post
It sounds like the people behind Amy's baking Company decided to open a tuning shop
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Originally Posted by BeastieBombRacing View Post
It sounds like the people behind Amy's baking Company decided to open a tuning shop
When is Gordon Ramsey going to show up? 11/10 would watch.
Omg this is hilarious nostalgia
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      02-06-2020, 01:20 AM   #46
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Originally Posted by MNoob View Post
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?
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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      02-06-2020, 12:30 PM   #47
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Originally Posted by Thescout13 View Post
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
I didn't get into the weeds, but this is a material term. A unilateral contract change of a material term isn't going to fly. For example, if you have this "unilateral contract change" term in the agreement as bolded above imagine if you say, ok we've decided to completely revamp the warranty so that if you drive over 5k rpm, the warranty is voided. No way that change is going to be enforced.

For websites and such, they usually have a notice of the term and then say "by continuing to use Facebook you agree to this change..." so that there is some form of consent.

Last edited by infinitekidM2C; 02-06-2020 at 12:37 PM..
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      02-06-2020, 01:25 PM   #48
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Quote:
Originally Posted by infinitekidM2C View Post
Quote:
Originally Posted by Thescout13 View Post
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
I didn't get into the weeds, but this is a material term. A unilateral contract change of a material term isn't going to fly. For example, if you have this "unilateral contract change" term in the agreement as bolded above imagine if you say, ok we've decided to completely revamp the warranty so that if you drive over 5k rpm, the warranty is voided. No way that change is going to be enforced.

For websites and such, they usually have a notice of the term and then say "by continuing to use Facebook you agree to this change..." so that there is some form of consent.
I mean, I agree? You didn't say anything different than I just did.

I'm a transactional attorney by trade, so decently versed in this. The above was a simplification of what the mechanics and the law look like. At the end of the day, it depends on that state's case law, the judge, and the specific context.

So what you said is an argument you can use, but it's not black and white across all jurisdictions, that was my point.
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      02-06-2020, 01:37 PM   #49
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Originally Posted by Thescout13 View Post
I mean, I agree? You didn't say anything different than I just did.

I'm a transactional attorney by trade, so decently versed in this. The above was a simplification of what the mechanics and the law look like. At the end of the day, it depends on that state's case law, the judge, and the specific context.

So what you said is an argument you can use, but it's not black and white across all jurisdictions, that was my point.
I also agree with what you said as well. All i'm saying is that i doubt that they'd be able to enforce that dyno change to void the warranty.
I practice employment.

Last edited by infinitekidM2C; 02-06-2020 at 01:48 PM..
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      02-06-2020, 02:46 PM   #50
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Quote:
Originally Posted by infinitekidM2C View Post
Quote:
Originally Posted by Thescout13 View Post
I mean, I agree? You didn't say anything different than I just did.

I'm a transactional attorney by trade, so decently versed in this. The above was a simplification of what the mechanics and the law look like. At the end of the day, it depends on that state's case law, the judge, and the specific context.

So what you said is an argument you can use, but it's not black and white across all jurisdictions, that was my point.
I also agree with what you said as well. All i'm saying is that i doubt that they'd be able to enforce that dyno change to void the warranty.
I practice employment.
Gotcha! Read it wrong I think lol. Brothers in arms!
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      02-06-2020, 03:30 PM   #51
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This is a joke right ? April fools a few months early ?
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      02-06-2020, 05:02 PM   #52
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This is a joke right ? April fools a few months early ?
Yes you got it right. Noelle is a joke.
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      02-14-2020, 01:22 PM   #53
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Originally Posted by nioh_lbbm2 View Post
Hi all,

I'm posting this letter on behalf of someone from a FB M2 group and doesn't have a Bimmerpost account.

This definitely explains why there's no dyno sheets for this tune one of the main points of the tune is to have a matching warranty


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I'm really having a bad week but this is the funniest fucking thing I've heard all week.
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