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  #51  
Old 03-27-2007, 02:19 AM
Pete Becker
 
Posts: n/a
Default Re: Dacor not honoring regulator warranty?

DrYak wrote:
>
> Lee,
> I'm not a lawyer, so help me with this. Someone sells me equipment with
> a guarantee. They then sell the company to someone else and can break
> their contract with me?


No. First, a "lifetime guarantee" is usually for the lifetime of the
product, not of the purchaser. But let's assume it's your lifetime.
There are a bunch of ways of selling a business (assume it's a
corporation). The owners can sell its stock -- in that case all its
assets and obligations continue, and the new owner is responsible for
warranty support. Or the owners can sell the business's assets -- the
old owners are still responsible for ongoing obligations (like warranty
support for products sold before the business was sold). Good luck
collecting from them, though -- they don't have much incentive to help
you, since they're no longer in the business.

--

Pete Becker
Dinkumware, Ltd. (http://www.dinkumware.com)
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  #52  
Old 03-27-2007, 02:19 AM
Adam Helberg
 
Posts: n/a
Default Re: Dacor not honoring regulator warranty?


"Reid Wood" <reid.wood@adelphia.net> wrote in message
news:DZadnZh69890mJbcRVn-rg@adelphia.com...
> I have a Dacor regulator and octopus that I have had for 15 years. I have
> faithfully had the product serviced annually in order to keep the lifetime
> parts warranty valid. Dacor is now saying that they do not support my
> equipment any longer and suggest that I update to their newer technologies.
>
> It seems wrong that a scuba manufacturer would offer a lifetime warranty and
> then discontinue parts so that the user would have to upgrade to newer
> equipment.
>
> I would like to know if anyone else has had this same problem with Dacor?


I wonder if you could take Dacor to small claims court? If you could do this in your
locality I bet you could get something out of it.

Adam


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  #53  
Old 03-27-2007, 02:20 AM
DrYak
 
Posts: n/a
Default Re: Dacor not honoring regulator warranty?

But if they have an obligation to me, can the abrogate it, modify it,
and sell it to someone else without notifying me?

Pete Becker wrote:
> DrYak wrote:
>
>>Lee,
>>I'm not a lawyer, so help me with this. Someone sells me equipment with
>>a guarantee. They then sell the company to someone else and can break
>>their contract with me?

>
>
> No. First, a "lifetime guarantee" is usually for the lifetime of the
> product, not of the purchaser. But let's assume it's your lifetime.
> There are a bunch of ways of selling a business (assume it's a
> corporation). The owners can sell its stock -- in that case all its
> assets and obligations continue, and the new owner is responsible for
> warranty support. Or the owners can sell the business's assets -- the
> old owners are still responsible for ongoing obligations (like warranty
> support for products sold before the business was sold). Good luck
> collecting from them, though -- they don't have much incentive to help
> you, since they're no longer in the business.
>


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  #54  
Old 03-27-2007, 02:20 AM
Pete Becker
 
Posts: n/a
Default Re: Dacor not honoring regulator warranty?

DrYak wrote:
>
> But if they have an obligation to me, can the abrogate it, modify it,
> and sell it to someone else without notifying me?
>


No, they can't abrogate it. Reread what I said.

But putting aside the loaded terms, the answer is yes: the owner of a
business can sell it to someone else, without transferring
responsibility for past customers. It's called a bulk sale, and there
are restrictions on how it's done and what's done. But remember, they
probably don't have current contact information for all of their
customers. How can they notify them?

--

Pete Becker
Dinkumware, Ltd. (http://www.dinkumware.com)
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