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Several years ago, I bought a used 35+ year-old Hammond organ with a one-year written guarantee from the only person in Newfoundland,Canada who earns ...
- Status
- Accepted
- Value
- $35.00
- Category
- Legal
- When Asked
- 9mo 3d ago
- Customer
- C*******s
| Q | Original (9mo 3d ago) (December 03, 2009 03:51:02 PM PST) | By Customer: C*******s |
Several years ago, I bought a used 35+ year-old Hammond organ with a one-year written guarantee from the only person in Newfoundland,Canada who earns a living repairing these vintage organs. The organ has always had an irregularly occurring problem the repairman has failed to fix: loud static. Such Organs require yearly maintenance which he had agreed to provide. Getting him to honor this has been difficult. The organ has now devevoped additonal problems and is unplayable. He won`t answer my phone calls or respond to my voice messages and e-mails. Is there anything I can do? |
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| A | Answer (36m 29s later) (December 03, 2009 04:27:31 PM PST) | By Expert: ryalslaw | |||||
If the guarantee has expired, then you have no right to damages because he will not currently repair the organ. If he agreed to provide yearly service, no other person is capable of providing such service, and the organ is unplayable because he will not provide service, then you should sue him for breach of extended service contract for the purchase price of the organ (which will likely be decreased by the court by a reasonable percentage for the period you had use of the organ). If unsatisfactory service was rendered during the guarantee period, you should also sue on the basis of breach of warranty / breach of contract under the guarantee. |
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| A | Answer (0s later) (December 03, 2009 04:27:32 PM PST) | By Expert: ryalslaw | |||||
If the guarantee has expired, then you have no right to damages because he will not currently repair the organ. If he agreed to provide yearly service, no other person is capable of providing such service, and the organ is unplayable because he will not provide service, then you should sue him for breach of extended service contract for the purchase price of the organ (which will likely be decreased by the court by a reasonable percentage for the period you had use of the organ). If unsatisfactory service was rendered during the guarantee period, you should also sue on the basis of breach of warranty / breach of contract under the guarantee. |
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| ANSWER | Answer (0s later) (December 03, 2009 04:27:33 PM PST) | By Expert: ryalslaw | |||||
If the guarantee has expired, then you have no right to damages because he will not currently repair the organ. If he agreed to provide yearly service, no other person is capable of providing such service, and the organ is unplayable because he will not provide service, then you should sue him for breach of extended service contract for the purchase price of the organ (which will likely be decreased by the court by a reasonable percentage for the period you had use of the organ). If unsatisfactory service was rendered during the guarantee period, you should also sue on the basis of breach of warranty / breach of contract under the guarantee. |
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| The Answer Provided By Expert ryalslaw Was Accepted By Customer. |
| Feedback (9m 3s later) (December 03, 2009 04:36:36 PM PST) | By Customer: C*******s | |
| Positive | I am very satisfied with the answer I received to my question. | ||
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