Path: utzoo!utgpu!water!watmath!clyde!att!mtunx!whuts!homxb!homxc!rps
From: rps@homxc.UUCP (R.SHARPLES)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Dealer won't honor warranty!
Summary: No, dealer must honor warranty
Keywords: Can he do this???
Message-ID: <2493@homxc.UUCP>
Date: 22 Jun 88 18:20:25 GMT
References: <13718@shemp.CS.UCLA.EDU>
Organization: AT&T Bell Laboratories, Holmdel
Lines: 35

In article <13718@shemp.CS.UCLA.EDU>, claus@CS.UCLA.EDU writes:
> 
> I purchased an AT clone with a Seagate 4051 about 18 months ago. The system
> came with a 2 year warranty. It looks like my hard disk may be trashed in
> some way, my dealer has told me that he would not replace the hard disk if
> it were found faulty (by him). I asked him for his reasons and he said:
> "It's been so long, and you've been in it and I've been in it..."
...
> Can such actions as a user opening the machine to install/remove cards, or
> the removal and reinstallation of a floppy disk drive be construed as
> "unauthorized service"?  The dealers warrany has a very standard wording and
> doesn't mention any of these actions specifically.

In small claims court the dealer would have to demonstrate that your actions
in opening the device were, or could reasonably be suspected to be, the cause
of the failure.  If the dealer cannot demonstrate this, then the dealer must
honor the warranty.  This holds true no matter how the warranty is worded.  For
example: a new car warranty forbids the owner from working on any of the 
covered items.  If you change the alternator belt under warranty and then the
transmission fails, the dealer will be hard pressed to show how your changing
the alternator belt caused the transmission to fail.  However, if the
alternator bearings wear out because the belt is too tight, the dealer could
blame you for putting the belt on to tight.  

Depending on the nature of the hardisk failure, I doubt very much the dealer
can avoid fixing it under warranty.

Russ Sharples
homxc!rps

NOTE:

The above in NO WAY reflects the opinions of AT&T.
These opinions are my own and the results of un-scientific and 
highly irregular analysis methods.