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Securing owners guarantee of performance?



Jeff Wisnia
3/19/2005 7:09:42 PM


I'm about to spend about $10,000 replacing the 20 year old air
conditioning systems in our home. A couple of the contractors who have
quoted the job offer their own extended warrantees beyond the equipment
manufacturer's, one of them for as long as ten years. Their prices for
these extended warranties seem reasonable, and I'm leaning towards
purchasing that kind of extended warranty.
But, these are all independent companies and I presume they are
incorporated. Ten years is a long time, and small businesses can fail or
just close up shop for many reasons.
I'm looking for the right language to add to the purchase contract to
improve the chances that if future warranty work is needed, somebody
could be held responsible for providing it if the original company is gone.
I'd like to see something like the business owner himself (and maybe his
estate?) guaranteeing the corporation's performance of the warranty I buy.
Is gaining some additional protection that way just wishful thinking on
my part?
Thanks guys,
Jeff
--
Jeffry Wisnia
(W1BSV + Brass Rat '57 EE)
"As long as there are final exams, there will be prayer in public
schools"
 
 
Paul Cassel
3/23/2005 5:58:56 PM


Jeff Wisnia wrote:
[wants personal liability in case of failure of new home improvement
system instead of the corporation only]
Is gaining some additional protection that way just wishful thinking on
my part?
Sure, if you can get some individual to extend the warranty to make
himself liable in case of failure, you win. The issue isn't coming up
with the wording. All you have to include is an additional clause saying
that such and such is responsbible for the warranty in the event that
the primary warranty fgiving enitity isn't available to you. It's like
when new corporations borrow money, the bank always has some officer or
two guarantee the loan personally. You just want the warranty guaranteed
personally.
I doubt you'll get it, but feel free to ask. As far as the estate, I
doubt such a contract would persist after death. The world isn't risk
free and no legal wording can make it so.
-paul
ianal
 
 
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