J. Clarke wrote in news: snipped-for-privacy@4ax.com:
I did read the law, and I didn't see anything like that at all.
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Looks pretty clear to me that it applies to individuals as well; where did you see language that restricts that prohibition to manufacturers, distributors, and retailers?
Actually, I have a lawyer looking into it right now. It won't cost me anything, though, as the lawyer is my son.
J. Clarke wrote in news: snipped-for-privacy@4ax.com:
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Just heard back from my son a few minutes ago.Here's his reply:
OK - so short answer is no, you can't sell the saw. For the other parts...
Application of ?any person? ? Yes, it applies to natural persons first and foremost. But in some contexts, it certainly means not natural persons. A juridical ?person? only needs a capacity to sue or be sued. So a corporation is a juridical person; so is civilly-forfeited cash. Where any person is modified by ?for purposes of this section? it usually means to include juridical persons, but it does not indicate either way by itself whether it is including or excluding classes of persons.
Change in remedy ? I think the subsequent remedy is the sole remedy; it could also be that they stopped making the blade guard. It also says remedy has changed, not alternative remedy.
Can you sell the saw? I don?t actually know, but I?m still saying no. If you want a real answer, you need to talk to a federal consumer protection attorney. Pragmatically speaking, you will spend more talking to an attorney than the saw is worth, and it?s tough to beat your already- up-$100 position unless you can sell the saw for a lot more than I would pay for it =P
J. Clarke wrote in news: snipped-for-privacy@4ax.com:
I did that too, and all I found was the statement that it's unlawful for "any person" to sell any consumer product that's been the subject of a recall.
Wow! Makes one think twice about an individual selling a vehicle to another individual. Having worked in the automotive industry for many years I can tell you that most any vehicle that you can point at has or will be the subject of a recall.
LOL just to name the obvious one.. I do not know how much has changed since I worked at a dealership but it was not unusual for a vehicle to have 2~3 outstanding campaigns/recalls when one drove up on the service drive. Oldsmobile was pretty serious about the dealers checking for outstanding campaigns on every Olds that came in for service, this is whether the customer knew about a recall or not.
I recall the first year that the Ford Probe was introduced it had 50+ items that had to be checked and or corrected before the dealers could sell them. Talk about rushing a product to market before checking all the safety boxes.
The Takata airbag *inflator* recall (massively mistakenly referred to as an airbag recall) caused similar issues for many used car dealers.
If someone traded in a vehicle that needed the inflator replaced, they couldn't resell it, even at auction, until the part was replaced. For a long time, inflators were in such short supply that even live customers had to wait for parts to come in. Customer owned vehicles jumped ahead of used cars.
We were all set to buy a used Honda from a local dealer, but they couldn't get an inflator for it, even after we waited three weeks. We eventually moved on to different dealer that had the same model that had been traded in *after* the inflator had been replaced, so that dealer turned the vehicle around just about as quickly as it took to clean it up for us.
Yes this infiltrator issue is out of hand and being handled incorrectly. The company that makes them went bankrupt. But IIRC is reorganizing and building new parts, but not fast enough. This is where manufacturers should pitch in go together to build a plant to take up the slack.
Then again the odds of being killed with an infiltrator going off pales compared to other causes of automotive deaths. Remember the Firestone fiasco a few decades ago?
There is a another current fiasco building up regarding tires for motor homes that have been failing prematurely for many years. By Goodyear who have been in constant denial.
That might a tough one.. Since the investigation covers tires 15 to 22 years ago it may be blamed on dry rot. Some manufacturers do not warrant their tires past 6~7 years just because of that. I recently had a set of Michelin tires, on my truck , replaced under warranty because I was not driving them enough to wear them out. After 5 years they had PLENTY OF tread but were beginning to show checking on the sidewalls.
Motor homes will be a dicey situation since few really get driven enough to wear the tires out. Veeeeery interesting.
Looking back on Firestone, IIRC the main/majority of the failures were happening in the middle east where the tires on SUV's were being run under-inflated to get extra traction while frolicking in the sand dunes. They went back to the high speeds on the highways to go back home and the under inflated tires over heated.
Outstanding, here in calif they just tell you the tires are outdated and that legally you have to change them so you won't be held liable in an accident. They will not service your tires if outdated. My last set of tires on the MH were Michelin, they type you can cut new treads into when the originals were getting close to bald. Now I feel like I totally got screwed.
I had some replaced by Firestone when they were recalling them. It was nice, new tires for old. :)
"271 people were killed and 823 people were injured in the United States as a result of these failures. The large majority of accidents took place in California, Arizona, Texas, and Florida. An additional
Yes. My local tire store, Discount Store" was not going to do anything but MY call directly to Michelin settled the issue. They contacted that store and authorized them to prorate the tires.
Mine were still within the time limits of the warranty.
They will not service your tires if outdated. My last
Well in normal circumstances if you drove a LOT you would probably be able to take advantage of regrooving the tires.
Yeah they will not check the pressure in my spare tire.... I need to do that, 10 years old...
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