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. Since the TV was purchased in 2012, and the warranty is good through 2015, the warrantor has an obligation to fix the tv through April 2015. Generally, the damages for breach of warranty are either the cost of a third party repairing the tv (that doesn't seem to be an option here) or to restore the party to the position they would have been in but for the breach - i.e. a comparable tv. It would be at their option to allow you to keep the tv, or to request you to return in (they generally allow you to keep it because they have no use for it, but keep in mind the disposal fees many municipalities charge, so you may want to insist on the return).
Generally, attorney fees and costs may be recovered in breach of warranty cases. Please see http://www.business.ftc.gov/documents/bus01-businesspersons-guide-federal-warranty-law
I talked with CSPCentral the extended warranty co. They stated that Mitsubishi has stepped back into this deal supposedly as a courtesy and extending there 1 year warranty. Under this provision they Mits are offering the $1500 over and above there original warranty. The extrended warranty co states then that they have no ability to get involved and are not liable for any warranty expenses. They will refund my original $279 for the extended warranty.
they said I should go back to mits and negotiate for a higher settlement. So whose responsible for honoring the original warranty on this thing? $1500 doesnt make me whole for a $3500 TV?
Since this is an extended warranty, you would need to review the T&C's of the extended warranty to see if there is a provision on what occurs when the part is no longer available. Since there is no actual part, they could have a defense of legal impossibility - it is legally impossible to perform the warranty. This would depend on whether this was addressed in the extended warranty itself. As for the manufacturer, by failing to provide the required part, it would depend on what a judge would deem is "reasonable" - how long that part should be available. For example, this is not a 1967 tv. Consumers commonly purchase extended warranties for appliances, especially larger purposes, and these warranties are often 3-5 years; so it is likely that a judge would require the manufacturer to make the part up until such time. Generally, the courts use the standard of "reasonableness". For example, for an implied warranty of merchantability - how long should the product be merchantable for? (This refers to being used in the manner for which it is customarily intended). Most people would not spend $3500 and only expect 1.5 years of service on a high end tv. So the manufacturer can be held liable for breach of the implied warranty of merchantability- and generally that would recover replacement cost so the consumer receives the benefit of the bargain.
Another point to consider- see if the original warranty guaranteed how long parts will be available for.
Thanks. Will check out the warranties.
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