O
Oepidus
Guest
I recently brought my car into Pep Boys in order to fix a problem, my engine was smoking. After attaching it to their diagnostic machine they informed me of the parts and repairs needed to fix the problem. The bill came to $263.54. However, after paying for services (parts and labor) the problem still existed. I then brought my car back and Pep Boys diagnosed another problem previously not identified. They wanted me to pay an additional $300.00 to fix the problem they supposedly fixed the first time. I, not knowing much about cars, would not have agreed to the original repairs had not Pep Boys assurd me it would fix the problem. I remembered something from my Business Law class concerning Express and Implied Warranties. I found this information on a web site excerpt. Title 6A, Uniform Commercial Code, Chapter 6A-2, Sales, Part 6A-2-301, General Obligation and Construction of Contract, Section 6A-2-313. "Express warranties by affirmation, promise, description, or sample. -(1)Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express
warranty that the goods shall conform to the affirmation or promise. (b)Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he or she have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty."
Am I right in my assertion that an express warranty was created on the basis of part a and b? If so how can I go about obtaining monetary reinbursment for the parts and labor that did not fix the problem. If not, is there any other way to obtain reinbursment for their mistake?
Thanks
warranty that the goods shall conform to the affirmation or promise. (b)Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he or she have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty."
Am I right in my assertion that an express warranty was created on the basis of part a and b? If so how can I go about obtaining monetary reinbursment for the parts and labor that did not fix the problem. If not, is there any other way to obtain reinbursment for their mistake?
Thanks