Consumer rights in this case

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
I as dealer sold a product on extended warranty for a product (Normal warranty condition as per industry norms -3 months 90 days or 50000 copies)by writing 50000 copies extra warranty on bill without declaring time limit.The equipment is a Photocopier Machine.
Now the customer is forcing to give warranty for 1 lac copies.
It has crossed more than 18 months from the sale date.
Do I am bound to provide free warranty ?
Even on the DGS&D rates the warranty is 12 months from sale?
Please guide me so that I want to provide a legal notice to customer for manhandling the machine and using duplicate consumables in the equipment.
After seeing comments of Experts I agree that I am bound to give service but I have not mentioned extended warranty in days it is only in copies.
The customer is using duplicate consumables which affects the performance of machine.
The customer being a jobber doesn't care for equipment and is using without stabilizer etc.
The customer doesn't want to pay for consumable items like Drum or Fuser film etc.
I want to notify him by giving notice/letter that use of Duplicate consumables is not good for machine and he will have to pay for consumable items.
Warranty extension doesn't means that he will use the machine as he likes.

Follow Query

Report Abuse

s.subramanian (Expert) 29 December 2011
The words extended warranty clearly indicate that the period of warranty is extended beyond the normal period for some reason and on the basis of consensus between the parties to the said contract of warranty. It is absolutely binding on both the parties. You ought to have taken care to see that the period is stipulated clearly for the extended period in the contract. The absence of such a mention would militate against you certainly. The opposite party is likely to raise a plea that the warranty has been extended for an unspecified period and that he is entitled to take advantage of the same.
The only option open to you is to challenge such a claim on the basis that it is unnatural and abnormal apart from being impossible for any seller to offer such warranty for an indefinite term and that the said clause of extended warranty lacks consensus-ad-idem and as such the same is legally invalid and unenforceable in law.

prabhakar singh (Expert) 29 December 2011
I agree with the view expressed by Mr.: s.subramanian

Devajyoti Barman (Expert) 29 December 2011
Yes I too agree. You are bound by the warranty.

Nadeem Qureshi (Expert) 29 December 2011
Mr. S. Subramanian is rightly explained I agree with him

N.K.Assumi (Expert) 29 December 2011
Nothing to add from S.Subramanian.

Deepak Nair (Expert) 29 December 2011
Yes, you are bound by warranty.
Why do you want to send a notice to the customer? The machine is owned by the customer and he is free to use the consumables of any standard. This will matter only when any claim is made to you during the warranty.

Rajeev Kumar (Expert) 29 December 2011
I agree with experts

Shonee Kapoor (Expert) 02 January 2012
nothing more to add

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries