I know you’re in the middle of one of those big life lessons, so I’ll add one more thing to it. Any time you have anything done ‘under warranty’ it’s always good to clarify that before work starts. A simple “That’s covered under the warranty, right” goes a long way. Often times you’d be very surprised to find out what a warranty excludes.
For example, when I was buying a couch, the extended warranty that they were trying to sell me said that it covers rips/tears/spills/bodily fluids*/etc
*excludes urine, sweat stains, pet stains, blood, saliva.
Yeah, it said on the front page that it covers stains from bodily fluids, but after reading the fine print, I’m not sure what’s left.
Correct. Under common law (case law), even if the creditor writes “under protest” or “reservation of rights” or simply crosses out the debtor’s statement on the check, the creditor’s act of cashing the check constitutes a discharge of the debt.
solkoe’s debt was for services. If it were for goods, there is further assurance in the Universal Commercial Code, which governs the sale of goods in all states except Louisiana. Section 3-311 provides that the claim will be discharged by the cashing of the check, no matter what the creditor adds to the debtor’s notation on the check. (If you’re wondering what sub-section (d) is about, it means that the debtor must be able to show that the creditor’s accounts receivable staff knew about the debtor’s statement on the check; this can be proved by the creditor’s endorsement of the check.)
[ul]
[li]Tears[/li][li]Breast Milk[/li][li]Semen[/li][li]Cowper’s fluid (‘pre-cum’)[/li][li]Lymphatic fluid[/li][li]Vomit[/li][li]Stomach acid[/li][li]Earwax[/li][li]Amniotic fluid[/li][li]Mucus[/li][/ul] And probably some more that haven’t occurred to me.
But you’re right in that the ‘exclusions’ make this warranty nearly useless.
I recently bought a ladder labeled ‘heavy duty’, but the usage guidelines say that the person using it and their tools should not exceed 150 pounds. How many construction workers would fit that? Also, this notice is on the top of the ladder – so you don’t see it until you have already climbed most of the way up the ladder.
So, the furnace company is screwing you on the warrenty, but you have a issue with the repair company, which apparently performed their services correctly? :dubious:
Why not do this- pay the repair company, and send the bill to the furnance company, certified mail, saying that you feel that they did not hold up to what any resonable person would think of as their warrenty. If they refuse to honor it, go to Small Claims Court.
Sorry, my misunderstanding. The company I bought the furnace from is the same company that repaired the furnace. I thought you were referring to the furnace manufacturer. I can see how I got a :dubious: for that.
I don’t know a thing about Canadian contract law, but I would guess that if you call up their receivables department, explain your dissatisfaction and offer then 50 cents on the dollar, there’s a pretty good chance they’ll take it.
You can try it, but I don’t think they’ll go for it. I have worked in Canadian accounting departments for a long time, and what I think will happen is that his outstanding debt will be sold to a collections agency after a decent length of time and his credit rating reduced because of it. You might try calling a manager at the company and explain the situation (politely) - that you thought you were covered, you were surprised when you weren’t, and is there anything they can do about this bill? A good company probably won’t eat the whole bill, but they might reduce it for you. The key here is communicating with the company, not just not paying. If you just don’t pay, they assume you are a deadbeat and treat you like one.