do I need the original contract?

[laffanyway]

What is the name of your state?What is the name of your state?New York State

I purchased a three year "performance service plan" with a laptop computer in 2003. Its' stated no lemon policy is as follows:
"After three service repairs have been completed on an individual pro duct and that product requires a fourth repair, as determined by us, we will replace it with a product of comparable performance, not to exceed the original price."

I have had four repairs and they are trying to not honor their lemon policy of replacement.

The contract states I have to have the original sales receipt as well as all service records and the original contract to get the benefits of the contract. I have all service records which show that they agreed to cover the cost of the service/repairs through the PSP as recently as May 6 2005.

My question, must I produce my original receipt to have the contract honored when Best Buy has shown repeatedly they accept the existance of the contract by their own actions (They also state you need to have the original contract and receipt to have the laptop serviced, which they haven't enforced since the second or third repair).

Have I been stupid by losing track of my copy of the contract or am I still in the game?

 

[shortbus]

Yes, it's possible to argue that Best Buy's implicitly modified the contract when they repaired your PC without a receipt.

However, they can argue that even if they implicitly modified the repair clause, they did not modify the 'no lemon' clause -- this is the first time you're making a claim under that clause, so they have the right to enforce its terms.

Take them to small claims if you want. Be aware that the express language of the contract is not in your favor.