I am going to assume that this is a new item
, and not used.
Here, you may have a case against the company that has installed it.MANUFACTURER'S WARRANTY
If the item is new, then it has a manufacturer's warranty on it and you may request that the manufacturer service it, or else they may be sued for breach of their warranty.IMPLIED WARRANTY
Even if there is no express warranty, this unit might still have an IMPLIED warranty. This is where it gets murkier.
When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied
warranties. These implied warranties are very ambiguous in law by nature.
An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. Recognized in CA under California Civil Code Section 1791.2.
An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. Recognized in CA under California Civil Code Section 1791.1.
Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.COURT
This matter seems under $10,000, and as such, should be in small claims court - see here
. However, often a LETTER threatening
to file suit will have them agree to fix the issue to avoid litigation. Let me know if you need a sample of such a letter.
I hope this helps and clarifies. Good luck.
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