In alt.home.repair, on Mon, 3 Jul 2023 17:47:11 -0400, Wally J
<walte...@invalid.nospam> wrote:
>Wally J <walte...@invalid.nospam> wrote
>
>> Would Werner warranty replace one of their ladders that fell off the truck?
>>
>> Literally. It fell off the truck and by the time I was able to loop around,
>> it was run over so it's clearly almost new but also clearly run over.
>>
>> Anyone have experience with them?
>> They're not open weekends so I'll try to contact them on Monday.
>>
>> But just wondering if it's a lost cause (as I would understand, but some
>> outfits, like Costco for example, have a no-questions-asked warranty).
>
>I called these guys....
>
>
https://www.wernerco.com/us/company/contact-us
>Retail Customer Care Phone:
888-523-3370 in...@wernerparts.com
>
>They told me there is no written warranty for ANY Werner ladder.
>No matter what happens to it.
So even if it broke when you stepped on it, and you weighed less than
the rating it has, they wouldn't repair or replace it?
This is very strange.
The Uniform Commerical Code imposes a warranty on every product sold in
the USA. Personal property. Does't apply to real estate, investments,
and maybe some other stuff.
So I wonder why they wouldn't just claim that warranty they have to give
as if they wanted to give it.
Furthermore, written warranties provided by manufacturers are in one way
the opposite of what you might think. There is already a common law
warranty on those things, and the written warranty is a limitation on
the common law warranty.
For example, if you had a wood baseball bat, what would be the
reasonsble life expectancy for one of those, 20 years? At least. So
aiui, the common law warranty would be 20 years. The attractive
certificate that comes with the bat and says it's warranted for 1 year
is a limitation, not a gift.
If the person you talked to thought the answer you got meant you had
(past tense) no warranty, because there is nothing in print, it almost
sounds as if heis as misinformed about warranties as the average
consumer.
Because without a printed limitation, I think you have the common law
warranty, though I'm not sure how long that would be for a ladder.
Wood? Aluminum? Fiberglass? Origami?
BUT, AND THIS IS A BIG BUT, NO COMMON LAW WARRANTY IS GOING TO COVER
DROPPING THE LADDER IN THE STREET SO THAT IT GETS RUN OVER.
>Defects aren't allowed.
>
>So I guess it's time to find a better brand of ten-foot step-ladder.
>Any suggestions?
For reference, but not a suggestion.
https://en.wikipedia.org/wiki/Uniform_Commercial_Code
There is a fall protection limited product warranty, for one year, but
that makes litle sense to me. Warranty or not, fall comes every year.
https://www.wernerco.com/docs/default-source/literature/fall-protection-limited-product-warranty.pdf?sfvrsn=c15b6cf2_2
Also, I note when you look at ladders on Home Depot, if you want a
limited lifetime warranty, the page shows NO Werner ladders, only or
mostly Gorilla.
https://www.homedepot.com/b/Building-Materials-Ladders/Limited-Lifetime-Warranty/N-5yc1vZaqnpZ1z0sar8
But if you red X out the warranty requirement on the same line with "32
results", it doesn't give a list of ladders but more of a
table-of-contents page with reference to 6 brands including Werner, and
if you click on that it has 252 results.
If you don't click, the Brands are:
Werner
Gorilla Ladders
Louisville Ladders
Cosco
Rubbermaid
Murphy Ladder
So assuming the webpage works well, then Louisville, Cosco, Rubbermaid,
and Murphy Ladder don't have limited lifetime warranties either and
maybe they have no printed warranty (No time to look that up.)
(BTW, don't buy a Rubbermaid ladder. As soon as you stand on one it
falls down. After all, they're rubber.)
And here's a letter complaining, I suspect, about the same thing you
have:
https://firewoodhoardersclub.com/forums/threads/ladder-failure-bad-customer-service-from-company.27096/
He says that Werner says "do not have a written warranty on their
products. However, we do stand behind the quality of our products" but
when I google the words between the quotes and the word werner, I get
some hits but the first two don't have the words that google search said
they do, unless it's on a later connected page. The HD pages has 7 pages
of 306 questions and I only looked at page 1. I didn't look further.
To learn more about the warranty for the purpose intended, check out
https://www.google.com/search?q=warranty+for+intended+purpose
They can be express or implied and IIUC what I was talking about the
implied kind as a creature of the common law. And Werner won't give an
express warranty.
Ah, I remember. The problem is that ladders are involved in so many
accidents. 40 or 50% of the cost of the ladder is for legal fees ladder
companies are forced to expend, so I'm pretty sure that's why there is
no express warranty (except from Gorilla, but maybe that company started
making ladders after some change in negligence law wrt ladders).
There is also a warranty of merchantability, but that applies only iiuc
at the time of sale.
Also,
https://www.google.com/search?client=firefox-b-1-d&q=ucc+warranty+fitness
https://www.nolo.com/legal-encyclopedia/the-ucc-sales-contract-warranties.html
https://www.law.cornell.edu/ucc/2/2-315