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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Hi. My partner has a wheelchair modified van and the chain

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Hi. My partner has a wheelchair modified van and the chain to the ramp broke and is under warrenty still. They need to keep the van for 4 days and want to rent him a van for $50/day....Shouldnt this be covered?Thanks!

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. There is no mandate that requires the warranty to provide a free rental. However, some warranties explicitly state this, so the warranty should be reviewed to see if it is covered. If it is not, the consumer can bring a breach of contract action, alleging that the seller breached the contract by failing to provide the product as specified in the contract. Generally, the damages awarded are economic damages that are reasonably foreseeable, such as a comparable rental car.

LegalGems :

Since you are likely dealing with the dealer, you may want to contact the main headquarters to see if they will authorize it, as a consumer relations good faith gesture.

Customer:

Hard to read. They say they have to order the chain and it will take till Monday. Can't they take one of the chains off another van and use that?Thanks!

LegalGems :

They likely wouldn't do that simply because of liability. If it broke while your partner was on the ramp and got injured, a lawsuit could result - based on the used chain.

LegalGems :

You can of course make the request; maybe if you signed a waiver. But I would bet it's "against policy".

LegalGems :

You should skim the warranty- it should have a header that addresses it i.e. "Replacement Vehicles" "Automobile Rentals" "Reimbursable Expenses".

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