Monthly Archives: November 2013

Raising the bar in breach of implied warranty cases

A recent decision suggests that the bar for finding a product maker or seller liable for breach of the implied warranty or merchantability may be getting higher – or at least that its true height may be becoming more clear.

For product makers and sellers, breach of implied warranty claims can be particularly difficult to defend. The “not reasonably fit for intended use” liability standard normally applied to claims of this type is rather amorphous. It can be given widely varied interpretations depending on who is doing the interpreting and how sympathetically the person making the claim is viewed. As a result, even relatively minor product problems are too often found sufficient to support liability, particularly in cases involving cars, RVs, and other high-ticket consumer goods.

But a favorable trend may be developing. Continue reading

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Filed under Court Decisions, Warranty

GUEST POST: Stop Playing Russian Roulette with Warranty Industry Reputation

GUEST BLOGER Jim Martinez, RightStoryGroup, LLC

The extended warranty/service contract industry is playing Russian roulette with its public image.

It may be the only $50 billion industry in America that operates without a spokesperson to defend against unfair allegations or isolated misdeeds. Continue reading

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Filed under Customer Experience, Service Contract

Help Shape the Global Warranty & Service Contract Assn.’s 2014 Agenda

The Global Warranty and Service Contract Association (GWSCA) has asked Fulcrum Analytics to conduct an online survey to learn what is important to members of the warranty and service contracts communities. The information we collect will be used to formulate programs and proposed solutions to commonly experienced industry questions, problems, and fast emerging trends. Continue reading

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Filed under Service Contract, Warranty