a bad air condishner

[jack daniels]

i live in calif.i own a condo and last year the ac unit went out so the home owners had to pay to replace it about 8 thousand dollars.it was installed last year and the very first week it did not work so they sent a rep from the ac company and said it was a bad circut board.ok fine it was replaced.now since then it has never worked right it goes out about once a month and this past 7 days its out again.this time its some starter part.we do have an extened warrenty but still have to pay the ac company to come out and fix it when it does go out.the company that we got it from said they wont replace it with a new one they said it works fine just becuse it a minor problem when the thing breaks down.do i now go to small claims or what ?

thank you

 

[I AM ALWAYS LIABLE]

My response:

Yes, you do go to Small Claims court; however, when you write it in your "complaint", it's spelled Air "CONDITIONER", not "Condishner".

Your claim will be based upon a violation of the Uniform Commercial Code, i.e., that despite the written warranty, a "thing" must function, as designed, when installed - - and it has never functioned property since it was installed.

U.C.C. - ARTICLE 2 - SALES
..PART 3. GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT

§ 2-315. Implied Warranty: Fitness for Particular Purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

Additionally, you've repeatedly called DURING the warranty and it still hasn't worked properly.

You'll win. It's an easy win. Go file your claim immediately.

IAAL