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How many times does a retailer have the right to subsequent performance?

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Phoenix95

Junior Member
Hi,
I am from Germany and not familiar with the American law.

2014 I bought a phone from Google while living in the States.

After one year it stopped working, so I got a refurbished one from Google. After 6 months it broke again and I got another refurbished phone from Google, which also doesnt work perfectly.

Now they want to give me another 3rd refurbished one but I don't want another one.

Google had 2 chances to subsequent performance which both failed.

How many times does a company have a right to subsequent performance?

Is there a limit of chances and is there a law in America which says that I have the right to get my money reimbursed?

I guess Californian law applies since Google's head quarter is located there? I bought while being in Washington though. Don't really know what state matters.

Thanks in advance!
 


FlyingRon

Senior Member
There's no such thing as "subsequent performance" in US law (I'm not even sure what you mean by the term). If they offer a warranty, then the terms of that warranty apply. Yes, they almost certainly have the right t use refurbed phones as warranty replacement. The replacements likely go on until the terms of the warranty expire (likely one year from the date of purchase and typically some number of days since you received the previoius one).
 

Phoenix95

Junior Member
I am not sure what the right term is then. The internet gave me that term.

What i mean is how many times can a retailer send you a refurbished phone.

In Germany a retailer has 2 chances to provide you a well working phone or any other kind of product if the first one you bought doesn't work well.

If those 2 chances to fix it both fail the custumer has the right to get his money back.

I was just wondering if there was such law in the States or if the retailer can give you as many refurbished phone as he wants. The 2year warranty starts again with every refurbushed phone you get.

Thanks for your advice FlyingRon!
 

quincy

Senior Member
I am not sure what the right term is then. The internet gave me that term.

What i mean is how many times can a retailer send you a refurbished phone.

In Germany a retailer has 2 chances to provide you a well working phone or any other kind of product if the first one you bought doesn't work well.

If those 2 chances to fix it both fail the custumer has the right to get his money back.

I was just wondering if there was such law in the States or if the retailer can give you as many refurbished phone as he wants. The 2year warranty starts again with every refurbushed phone you get.

Thanks for your advice FlyingRon!
What you are probably thinking of is "specific performance" and not "subsequent performance."

Specific performance is a legal remedy whereby the exact performance of a contract is ordered, according to the specific terms agreed to in the contract.

You need to look to the terms of the sale and your purchase.
 

Phoenix95

Junior Member
Okay i'll look for the contract then. Thanks quincy!

But are there no "official laws" for case like this? "Official laws" which kind of apply with more legal force no matter what the purchase contract says.

Let's say a purchase contract about a brandnew electronical device sold by a company would say no warranty at all in the small print. Would that be legal?

Are there no lawfully set rules on certain matters that protect the customer no matter what the contract says?

Please excuse my incorrect English. I am really trying my best to explain my case.

Really appreciate any try of help
 

FlyingRon

Senior Member
There are no "official laws" that apply here. The Magnussen act requires them to honor certain aspects of the warranty, but as I stated, I don't see anything that looks out of the ordinary here.
 

adjusterjack

Senior Member
The 2year warranty starts again with every refurbushed phone you get.
I don't think so. I think you have misread or misinterpreted the document that came with your phone.

I think you bought the Nexus Protect Service Contract (which is not a warranty). It took me a while to find it but the following link is to the service contract itself:

https://static.googleusercontent.com/media/play.google.com//en/about/nexus-protect-terms-and-conditions.pdf

If that's the same document you got, I suggest you study it carefully because there is a limit to how many replacement phones you get.

When the period of the service contract expires you don't get any more phones.
 

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