Lifetime warranty

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ConnYankee
Posts: 7
Joined: Wed Apr 07, 2010 10:31 am

Re: Lifetime warranty

#31 Post by ConnYankee »

How did you know I'm a lawyer, JScott? (Uh-oh, did I just ruin my chances of getting further assistance?)

Anyway, the federal Magnuson-Moss Warranty Act of 1975 requires that warranties for autos and other consumer goods (e.g. windows) be written in plain English, with understandable terms. It also provides for a cause of action for violations of said warranties. States have followed with their own variations, known as "lemon laws." Unfortunately, from what I can gather, it has not been entirely effective in stemming the abuses it was intended to correct. This is, in part, because even plain language can be misinterpreted by some and twisted to ill effect by others.

For example, Champion Window's "Lifetime Limited Warranty," an impressive looking document that promises much, has a little clause near the end that says (I'm paraphrasing): "Condensation on glass is a sign of humidity and does not constitute evidence of a defect in the product or its installation." When I asked for clarification, I was told the story of the lady whose home was kept very humid, yet she complained that her glass was always getting wet. We all laughed at this silly lady—just wipe the glass dry, idiot! I subsequently read a posting from a person, however, who complained to Champion of condensation between the double panes, but was told there would be no coverage for the problem. The way the clause in the warranty is written seems to allow Champion to exclude this more intractable, damaging problem, doesn't it? Does it matter that there is separate language in the Warranty that specifically includes coverage for "broken seals?"

The more I read, the more I think I need a damn good window and a damn good installer!

JScott
Posts: 508
Joined: Tue Jan 04, 2005 5:06 pm
Location: Kentucky

Re: Lifetime warranty

#32 Post by JScott »

Lawyers are schisters. Sounds like you are an attorney. Big difference. One is good and one is evil. :lol:

I think you for the year clarification as I just aged 3 years!

Under the provision on lifetime the year or other clauses that give some indication of a period like for as long as you own your home, etc...from my understanding...if these are not indicated the windows are classified as office equipment under the tax code and the write off period is 7 years.

:wink: :mrgreen:

PS- I always love to see the clause that the warr. is void if not installed into an enviroment condusive of the thing not having any problems ...so for the warranty to be valid you should just buy some windows and store them in your basement. :lol:

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HomeSealed
Posts: 2996
Joined: Mon Feb 15, 2010 3:46 pm
Location: Milwaukee, Madison, SE Wisconsin

Re: Lifetime warranty

#33 Post by HomeSealed »

ConnYankee, my reading on that clause in the Champion warranty(and others) is that a seal failure is a seal failure and is covered. Condensation between the panes is merely a symptom or sign of seal failure and is not covered in itself, however the actual seal failure is. I really don't see how Champion or any manufacturer could wiggle out of that one as long as it was pursued properly.... I definitely agree with your last statement however that you need to find a good window AND a good installer.

ConnYankee
Posts: 7
Joined: Wed Apr 07, 2010 10:31 am

Re: Lifetime warranty

#34 Post by ConnYankee »

Yes, HS, that sounds reasonable…but my point is that it also sounds like the company might point to the exemption first, and try to wriggle out of coverage. I'm no consumer protection expert, but there are 2 legal principles I've learned over the years that apply here. First, the "law" is rarely black and white—often, the most articulate, persuasive argument beats out the more conventional legal analysis. Secondly, never assume the truth of hearsay. Accordingly, I want to throw in the qualifier that my comments about Champion are based on a murky memory of one person's story.

Oh, and I'm a shyster...please, spelling is important!

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HomeSealed
Posts: 2996
Joined: Mon Feb 15, 2010 3:46 pm
Location: Milwaukee, Madison, SE Wisconsin

Re: Lifetime warranty

#35 Post by HomeSealed »

I'm sure that more than one unscrupulous contractor or manufacturer has tried to get out of a claim based on that, however based on my description above, I think that there is zero legal basis for it. I would be VERY suprised if even the slimiest company would actually go to court on a losing proposition such as that.

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