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[IP] Disetronic Waterproof Issue: Legal Opinions?
Legal issues fro feedback:
After much reflection and extensive civil court experience I believe the
following is accurate:
Disetronic is liable to do at least one of the following in due course
whereas the H-Tron was marketed and purchased by consumers based on it's
waterproofness "as is" and as in the case of a safety problem discovered in
an older car model in the automotive manufacturing industry the auto
manufacturer is liable to correct the safety problem regardless of warranty
condition or age of the vehicle. Where the auto warranty may be expired
and the auto model in question is old; if a safety problem exists for which
would endanger the user for any use or condition the auto was designed to
withstand, the manufacturer is liable to correct this problem in due course
at absolutely no cost to any owner:
- rebuild each users' H-Tron so as to make it waterproof regardless of
warranty condition (and this does not mean issuing some sort of case but to
make the product meet the *exact* specifications it was marketed on).
Failing the above solution:
- upgrade all H-Tron users to a D-Tron at absolutely no charge and
regardless of warranty.
-cannot void warranties for using the device for the purpose for which it
was designed and sold to be used.
The term here is: "warranty failure". This issue is not one of inmaterial
nature; it is indeed "waranty failure" on behalf of the warrantor.
Example: If it is found that a 1987 Volkswagen incurs steering failure in
1/5000 cases while at legal highway speeds; VW is liable to issue a recall
and correct the problem even though all warranties are obviously expired
for a car this old. A permanent warning of the nature of: "Do not use
this car for any activity such as highway driving or it will void your
warranty" is silly and would not stand up in and NA court.
IMHO: Disetronic also does not have the legal right to void warranties for
H-Trons used in water. An auto manufacturer cannot void a warranty for
using an auto for the legal purposes and conditions it was designed to be
used for regardless of what potential safety problem may exist with the
Darrin Parker - Nova Scotia, Canada!
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