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The 640 Meg Shareware Studio CD-ROM Volume II (Data Express)(1993).ISO
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1992-12-25
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CONSUMER ACCEPTANCE: Express and Implied Warranties
Here we will define a consumer's acceptance of a product or
service. At first glance you may ask "What does this have to
do with credit cards?" The truth is that it is quite
significant. The credit card holder has two very powerful
rights: the right to dispute a bill and the right to make a
■good faith■ stop payment. We will explain both of these
rights on the pages that follow. But first we'll define
customer acceptance, as well as express and implied
warranties. Soon, you will see their importance with regard
to your rights as a credit card consumer.
What is a customer's acceptance of a product or a service?
In general, it is the act of taking something and keeping it
for a reasonable period without raising an objection. What
this means is that if I buy something from you, I've
accepted the item if I don't say, "This widget is
unacceptable, I want my money back!"
The circumstances under which a product is delivered will
have little over all effect on acceptance. Consumer laws
provide that you must be given the opportunity to examine
the product to determine if it is acceptable.
So, if an order arrives in the mail, you have the right to
open the package, examine the goods, and accept or reject
them. Likewise, if you purchase a packaged item, you have
the right to take it home, open the package, inspect the
item, and then, accept or reject it. With regard to
delivered goods such as appliances or building materials,
the same rule applies. If it shows up on the truck and it's
not what you ordered, you have the right to reject the
delivery. In short, you must be given a reasonable chance to
examine a product before accepting or rejecting it.
Where a service is concerned, a reasonable chance to inspect
the service must be allowed. For example, if you have a deck
built, you normally would be allowed to inspect the
workmanship and materials before you write out a final
payment check.
One way a consumer can refuse a purchase is by exercising an
"express warranty." An express warranty is created by either
a written or verbal statement made by a seller about a
product. There are five types of express warranties:
#1. AFFIRMATION OF FACT -- A statement that something
is so.
EXAMPLE: A salesperson tells you that a VCR you
purchased is "new." When you bring it home, you find
the box has been opened and the VCR appears to have
been used. You can return the VCR and refuse the
purchase because the VCR was in fact "used."
#2. PROMISE -- A promise as a condition of the sale to
perform an act or service.
EXAMPLE: You purchase a stove, which you are aware is
a floor model. As a condition of the sale, the
salesperson promises to repair a large scratch on the
side of the stove. When the stove arrives at your
house, the scratch has not been repaired. You can
refuse delivery and obtain a refund because the
promise to repair the scratch, a condition of the
sale, was not kept.
#3. DESCRIPTION -- The product matches the description
of your order.
EXAMPLE: You purchase a blue sweater through a mail
order catalog. Your order arrives and the sweater is
yellow. You can return (refuse) the sweater because is
does not match the description of the blue sweater you
ordered.
#4. MODEL -- This refers to the features of a product.
EXAMPLE: A salesperson tells you that the Wonder Whip
has the same features as the Super Whipper for less
money. When you get the Wonder Whip home you find out
that it only has two settings: on and off. The Super
Whipper had five different whipping speeds. The
features are not the same. You can return (refuse) the
Wonder Whip for a refund.
#5. SAMPLE -- The delivered product is the same as the
product sample.
EXAMPLE: Your landscaper shows you samples of white
stone for your garden beds. You know the white stones
will look perfect in your yard, so, you order them. A
week later, the landscaper arrives with a truckload of
grey stones. Here, you can refuse to take delivery as
they are not the same as the white stones that were
shown to you as samples.
Another way to refuse a purchase is through an "implied
warranty." An implied warranty differs from an express
warranty in that it does not involve written or spoken
words. Implied warranty means that a product is assumed to
be suitable for the purpose for which it is sold. There are
two types of implied warranties:
#1. IMPLIED WARRANTIES OF MERCHANTABILITY -- This
means that every product sold must be fit for the
ordinary purpose for which it was sold.
EXAMPLE: You purchase a new ribbon for your
typewriter. When you install the new ribbon, you
discover the ink has dried up. This ribbon does not
fulfill the purpose for which it was purchased. You
may return (refuse) the ribbon for a refund.
#2. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE -- This means that when a consumer asks a
seller for a product suitable for a specific purpose
and the seller provides such a product, the seller is
legally bound to furnish a product that meets the
consumer's expressed needs.
EXAMPLE: You visit your local lumber yard and order 12
foot long boards for a special project you are doing
at home. When the lumber arrives, the boards are only
10 feet long. Because you specifically needed, and
ordered 12 foot boards, you can refuse this order.
Now that you are aware of the circumstances under which you
can legally refuse to accept an order, you can use this
knowledge to make a very powerful argument in both a billing
dispute, and especially when stopping a payment.
* End of CONSUMER ACCEPTANCE: Express & Implied Warranties *