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Re: [IP] Disetronic Waterproof Issue: Legal Opinions?

Does everyone know that the woman who started this whole thing actually
dropped her pump, which created the crack to allow the water in?????
----- Original Message -----
From: Darrin Parker <email @ redacted>
To: <email @ redacted>
Sent: Saturday, April 14, 2001 11:26 AM
Subject: [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
> an older car model in the automotive manufacturing industry the auto
> manufacturer is liable to correct the safety problem regardless of
> 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
> 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
> 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
> 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
> 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
> 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
> product.
> Any thoughts?
> Darrin Parker - Nova Scotia, Canada!
> ------------------------------------
> Four months pumping thanks to the support of wonderful internet friends &
> the http://www.insulin-pumpers.org/ mailing list.  Please donate NOW!
> Five days pumping gave me better control than I had achieved in 27 years
> MDI!
> To date:   51% improvement in average bg's & 80% fewer hypos.
> Pre-pump HeA1c = 9.2. * First post-pump HeA1c = 5.1 *  (N = 4.3 - 5.8).
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