Paul
01/18/11
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Dear Ellen,
The following may be helpful to readers living in Qu�bec, Canada. Others may wish to use some of these arguments in there own jurisdictions�and hope that a judge would consider them �reasonable��
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Legal warranty
Under the Consumer Protection Act and Civil Code of Qu�bec , all goods purchased from a merchant are covered by a legal warranty guaranteeing their quality. The legal warranty applies if the merchant or manufacturer pretends to sell the item without a warranty or if the warranty the merchant offers on the item (so-called "conventional" or manufacturer's warranty) offers insufficient coverage.
This legal warranty allows you to demand that the good you are purchasing:
� has no hidden defects, i.e.:
o a defect that is so significant that you would not have bought the item or paid as much for it had you know about the defect before making the purchase;
o a defect that you were not told about and that you could not have noticed through ordinary examination; or
o a defect that existed before you purchased the item.
(Note that should the case go to court, the existence of a hidden defect often requires an expert's testimony.)
� is suitable for the use for which it is normally intended;
� lasts a reasonable length of time, based on the price paid, the contract and the conditions governing its use.
Under the legal warranty, the merchant and manufacturer have obligations regarding the good, whether or not there is another warranty. (Note that no costs may be charged to honour a legal warranty.) These obligations are tied to the item and if you sell it to another consumer, he may take recourse directly against the manufacturer under this same legal warranty. You can also take recourse against a merchant or manufacturer if you injure yourself because you were not warned of the dangers inherent in using an item.
The good or service you purchase must comply, not only with the description in the contract, but also with the merchant's advertising and the salesperson's statements or claims.
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