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The FTC specifically identified that informing consumers that warranties are voided if they break a warranty sticker or seal on the unit's packaging, use third-party replacement parts, or use third-party repair services is a deceptive practice, as these terms are only valid if the manufacturer provides free warranty service or replacement parts ...
A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", [6] and therefore only entitles the innocent party to damages if it is breached, [6] i.e. if the warranty is not true or the defaulting party does not perform the contract in ...
The third element requires a plaintiff show either actual loss or a real prospect of loss in order to obtain proper redress from a passing off claim. A plaintiff in a passing off action does not have to prove any customer was actually misled or any actual damages sustained; an attempt to mislead the public and potential damage to reputation or ...
Automotive warranty claims processing is often offered by reliable companies that are into the warranty industry niche. The process typically involves several steps to ensure that the claim is valid, the repair is necessary, and the costs are covered as per the warranty terms. [citation needed] The process may involve the identification of a ...
A lawsuit by a party injured by a product, where the manufacturer failed to properly warn, is usually brought as a "negligence" action, but it could be filed as a "strict liability" claim or as a "breach of warranty of merchantability" case. [2] Not long after launching its Note 7 smartphone in August 2016, Samsung got many reports of burning ...
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