[net.micro.trs-80] Warranties and Modifications

wh@houxz.UUCP (W.HEINMILLER) (04/07/84)

["Just eat it!"]
Bill McKeeman recently posted the following in response to
discussion of customers performing their own RAM upgrades
to Radio Shack Model 100 computers:

> One might read the warranty on the model 100 before
> diddling the insides.  ANY customer change, even with
> standard Tandy parts, invalidates the warranty.

Just because the warranty says this doesn't mean it is an
enforceable clause.  Auto manufacturers used to use a similar
clause, but it hasn't held up recently.  In order for a
manufacturer to refuse warranty service on a modified product,
they must demonstrate that the modification caused or
contributed to the failure.  For example, if keys started
breaking off your keyboard, they could not refuse service
because you added RAM.  You (the customer) should be prepared
to show that except for the modification, you have maintained
the product according to manufacturers specifications, to the
extent the recommended maintenance is "reasonable".  (Requiring
daily service visits by an authorized repair bureau probably
wouldn't be "reasonable" for a personal computer.)  If you
claim to have met maintenance schedules, the burden of proof
is on the manufacturer to prove you have not.  While I know the
above position applies to consumer products as expensive as
automobiles, I do not know whether it applies to larger computing
equipment used in a business application.  The courts have felt
in general that consumers should not have to keep as complete
records of maintenance and use as might be expected of a
business.  I believe IBM used to use a similar clause to prevent
its customers from attaching non-IBM products to their systems.
I'm pretty sure they have changed their position now.  Does
anyone know if they made the change because the clause was
found to be unenforceable, or to improve customer relations?

	Wayne Heinmiller	Bell Communications Research
	houxz!wh		Freehold, NJ