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In Kansas there is a law explicitly dealing with this: You can not disclaim an implied warranty or suitability for a particular purpose. In the broader context
by R0b0t1 6y ago
In Kansas there is a law explicitly dealing with this: You can not disclaim an implied warranty or suitability for a particular purpose. In the broader context of the entire US, this is just a restatement of common sense law that is already on the books.
I bought the product to fulfill a need. If it can't do that, then you don't get to keep the money. Nobody hands money over for some vague, nebulous promise of something in return.
- ChuckMcM 6y agoThat is pretty neat, I thought California's warranty laws were pretty strong but the lawyer suggested we wouldn't win if we sued. (not that we'd likely sue the only supplier of a part we need but you know, "in principle"). Does the Kansas law apply to software as well? That would be a neat trick. There was a national effort to get this level of support in the UCC (universal commercial code) but as I recall it was unsuccessful.
- wahern 6y agoAFAICT, that only applies to "an individual, husband and wife, sole proprietor, or family partnership".[1][2] All other transactions, such as B2B, are subject to the typical UCC rules.[3] [1] K.S.A 50-624, http://kslegislature.org/li/b2019_20/statute/050_000_0000_chapter/050_006_0000_article/050_006_0024_section/050_006_0024_k/ http://kslegislature.org/li/b2019_20/statute/050_000_0000_ch... [2] The actual limitation to disclaimers is at K.S.A. 50-639, http://kslegislature.org/li/b2019_20/statute/050_000_0000_chapter/050_006_0000_article/050_006_0039_section/050_006_0039_k/ http://kslegislature.org/li/b2019_20/statute/050_000_0000_ch... [3] E.g. K.S.A 84-2-314, http://kslegislature.org/li/b2019_20/statute/084_000_0000_chapter/084_002_0000_article/084_002_0314_section/084_002_0314_k/ http://kslegislature.org/li/b2019_20/statute/084_000_0000_ch...