arl@mb2c.UUCP (06/09/83)
Thanks to Bill Ricker for his reply to my article. In reference to the contract between software purchaser and manufacturer; I must admit I'm a bit confused. While a few (very few) software houses reveal their proposed terms of purchase on the exterior of their packaging, the majority hide terms and what litle warranties made on the inside of sealed packages. It is my understanding that the terms are not effective unless the warranty card is signed, agreeing to the terms, and returned to the manufacturer. This is certainly the case for consumer items; returning a warranty card limits the specific rights (or priviliges if you wish to split hairs). Not returning it, (while sometimes impractical) would seem to preclude any disclaimers of fitness for use or other typical posturing. Anyone familiar with this sort of thing? If I don't sign the card & return it seems like archiving would not violate any "agreement".
dpm@ritcv.UUCP (06/13/83)
----- News saved at Mon Jun 13 15:26:24 1983
I believe the Uniform Consumer Protection Act (or whatever it's called)
clearly specifies that unless an agreement is explicitly stated BEFORE
purchase, you cannot exclude merchantability and fittness for particular
purpose. I know this is true in NY.
In other words, unless part of the purchase order/contract, or written
on the outside visible to the purchaser (which won't help you much if you
sell by mail order), those exclusions are not worth the paper they are
written on.
Don McClimans
(allegra or seismo)!rochester!ritcv!dpm