On Thu, 18 Dec 2003 08:58:29 -0500, D Barry <google@dcbarry.com> wrote:
HI folks:
I will be filing suit against one of those "big computer chains", for
breach of contract. In a nutshell, I purchased a notebookcomputer
along with their "Performance Plan" that essentialy states that after
3 repairs it's a lemon, and they must replace or refund. It has now
been through 5 repairs, but they are making claims that 3 of the
"repairs" really weren't. Went through the Customer Service and calls
to the CEO office route and got nowhere.
Long and short, I'm confident of winning on the merits. The actual
damages are straight forward (I think): the cost of the computer, the
cost of the "Guarantee" and the taxes paid, plus court costs.
My question is whether or not I can request additional damages. For
instance, if I rent a laptop, would it be reasonable to include the
rental cost as part of my damages. What about the loss of time I did
not have the laptop (2 months +) over 18 months. Any other damages I
should consider asking for, especially since lost wages, waste of my
time are not "damages".
Any input on this would be appreciated.
Make sure you check your warrant to see if there are limits (like $0)
on consequential damages. If so, then you can't get things like lost
wages. There may be also be state law limiting the scope of such
disclaimers.
Incidental damages are the costs of copying with the loss of the
laptop (things like purchasing/renting a replacement). You *MAY*
be eligible for those things. Maybe there is an effective disclaimer
for incidental damages as well.
Isaac
