I did a search on this and found a lot of related topics. Some brought up new questions.
I have also been asked to submit warranty info prior to purchasing any fixture. I customarily prepare a Project Documentation Book which has all the Warranties, Installation and Operation Manuals along with the various Schedules that may be helpful to the Client in the future. But I have NEVER had to submit warranties for approval prior to purchase. Have any of you? If the Client or Arch wants it, fine, but shouldn’t it be the Arch’s responsibility to get it?
Another warranty related issue: I just came across a pre-emptive address of this concept w/ an Arch and Client. They wanted a clause in the Agreement stating that my work and materials are to warrantied for 1 yr. I thought to myself, that goes without saying. I just fixed a Clients plumbing, free of charge, 2 1/2 yrs after the job was completed. See, I want them to call me when things go wrong so that they’ll call me when new things are needed. Just like Dear Dan who has a pretty good warranty offering. He offers warranties as oppertunities to do Marketing. Fix a cabinet door at no charge and you are the Contractor Of Choice forever. Good insight.
However their request got me thinking – philisophically. (I know that is dangerous.) Here’s the deal. I will warranty all MY WORK but NOT a manufacturer’s. Say Brand X Appliance offers a 3 or 9 mo. warranty – should I pick up what they don’t? I think not! Having said that, 99% of the time I will choose to do the fix for free. But, I want it to be at my discretion. If I state that I will honor warranties longer than the Manufacturer’s I am opening myself up to potentially a great cost, especially on appliances.
I offered to be the liason to the Manufacturer during the 1st yr – warranty period or not.
What do you all do or think?
Replies
frankie.. i studied this back in the late '70's when we were selling and installling solar heating equip.. in'75 they passed the Moss-Magnuson Warranty Act.. .. i decided then that there was no way i could write a warranty that would be in compliance with moss-magnuson.. so decided to NEVER offer a written waranty.
and i tell my customers that.. we offer to "pass -thru" all mfr's warranties of anything we furnish & install.. and we verbally guarantee our work for one year..
but that's it..
Gary Ransome has quite a bit about warranties in his "Contractor's Legal Kit".. he says that Moss-Magnuson "probably doesn't apply to homes.. but it could"
there are "express " and "implied " warranties in everything we do as tradesmen..
Gary says every contract should have a warranty clause so the contractor can LIMIT the exposure...
i would think his book would be a great starting point.. it's a JLC book, i think i paid $60 for it..
Amazon says it's out of print , but they have it for $57..
http://www.amazon.com/exec/obidos/search-handle-form/103-2710305-3068627
Mike Smith Rhode Island : Design / Build / Repair / Restore
Edited 2/9/2003 4:27:37 PM ET by Mike Smith
the sample warranty that he uses is 4 paragraphs..
as to "consumer products" one option ( the most common" is to do nothing becuse of existing state & federal law regarding express & implied warranties.
if you try to write a clause that will conform, be sure to consult a construction attorney well versed in Magnuson-Moss...Mike Smith Rhode Island : Design / Build / Repair / Restore
following Mike's logic.......I think we talked about this years ago......
I also won't put a warrenty in writting. Same logic...I never give start and completition dates either.
I explain that I could never write a warrenty that would handle all their concerns....and at the same time...protect me from customers that go into the project with the intention of getting something for free..one way or another.
I do say I'll right anything that's wrong. Do what it takes to make an honest customer happy ...as I work 99% of the time from referals. I offer names/numbers of past clients that have agreed to take calls and answer Q's about me.
I explain that I could never 100% guarantee an exact start date.....I tell them when I hope to start...and aprox how long it'll take to do what we have just talked about.....
But that hidden/unforeseen's will delay projects almost as much as the customers themselves! I tell them......a commitment on their part saves their spot in line......and the previous customers requests of "while you're here" may delay my starting a bit.....I won't puch them back or start someone in front of them.
And..I'm sure they'll appreciate that fact when it's their "while you're here" when I'm on their job.
I just tell the truth from my end. I've probably lost contracts that way.....
But if someone wants me.....they have to agree to that logic.
Nothing written that'll trap me......but I'll do everything I can to get their referal.
It's a matter of trust......they trust me to do good work and stand behind it.....I trust them to pay and refer me.
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Noting what Mike said, assume that you can write a reason warranty, why not provide a warranty on the appliances for 1 year? If that is what the customer wants and is willing to pay for it.
And if you are concerned about your exposure then purchase the extended warranty. They are a rip-off, but again the client is paying for it and you are adding your market up to it.
Frankie,
My 2 cents
If a client/Arch specs a particular fixture it should be their responsibity to find the warranty info, as you are just following their request to obtain and install it. If they want you to get warranty info on something they have picked it out it basically says"
We found what we want, but you can do the homework to find out if its good enough for us.
If a contractor specs a particular fixture and the Arch/HO wants to know before it goes in what the warranty is I think thats fair as long as its not abused. Now to do this for everything in an addition or home would be nuts.