My car, an '02 Audi A4, came with a warranty and maintenance agreement. “Included” is the key word for me, but I don’t think it makes any real difference.
I’m going in Monday to get my wipers and one brake light replaced at no additional cost. I say they’re already paid for, not technically “free”.
I just wonder if, in the eyes of the law, if the wiper (and lamp) are “free” or “paid for”.
Hmmm, what possible difference could that make?
Well… What if someone stole or damaged my replacemant wipers? If they were “free”, there might be no damages. (I know, I know. Replacement value. Forget that.)
Anyway, what’s the story on replacement stuff? And whar if the seller says the warranty and maintenance are free, and not included in the price of the goods?
Peace,
mangeorge
I think it will depend upon the wording of the agreement and the setup at the dealership; if the warranty says replacement parts will be supplied freee of charge, then they are supplied gratis, not purchased for you at retail.
If the deal is that a third party effects the repairs and they pick up the tab, then they are ‘paid for’, but that doesn’t mean ‘already paid for’ in the sense of pbeing prepaid - after all, they don’t know in advance what parts you’ll need until they fail and need replacement.
I’m not sure I understand why the distinction is important.
I don’t think anything is free in the sense you are describing. You can only get the “free” things by paying. So they’re not free.
The distinction is important only because I’m curious. If I had no warranty, but the dealer replaced the wipers as a goodwill gesture, I wonder if the law would see those wipers in the same light as the warranty replacements. Am I entitled to the same expectation of serviceability from both sets of wipers? If the gift wipers are used, and he doesn’t tell me, and one flies off and hits me in rhe eye, is he liable?
This whole question grew out of a discussion about health insurance premiums, but seems pretty far removed, now that I look at it. :dubious:
A key point as regards liability and responsibility for quality is likely to be whether or not you have given consideration to the supplier for the wipers. So if the supplier gave you the wipers absolutely gratis, when he had no obligation to do so at all, then you gave no consideration. If the supplier gave them to you because of a warranty or other obligation (even a genuinely disputed obligation), then there was consideration.
If you have given consideration, then there is likely to be a contract, which may contain terms governing quality and liability. If you haven’t then there is almost certainly no contract. If there is no contract then it is unlikely that the supplier has any obligation as to quality at all, and liability will depend on laws (such as tort) that arise independant of contract.
I can’t really be more specific because you start running into jurisdictional differences and fine points.
Does that help?
Thanks, Princhester. You’ve answered my question perfectly.