Warrant Coverage
Warranty Agreement
Florida
Can a company void a warranty agreement if the product was used in a way that was not explicitly stated in the agreement?
I recently purchased a product that came with a warranty agreement, which stated that the warranty would be void if the product was used in any way that was not explicitly specified in the agreement. However, after experiencing a malfunction with the product, the company is now refusing to honor the warranty, claiming that I used the product in a manner that was not specified in the agreement. I believe that I used the product in a reasonable manner and that the company is unfairly trying to avoid their warranty obligations. Can they legally void the warranty in this situation?
Answers from 1 Lawyer
Answer
Warrant Coverage
Florida
Diane D.
ContractsCounsel verified
Without seeing the warranty or a having a full explanation of how and why the product malfunctioned, it is hard to answer this question. Generally, however, if you use the product in a way it wasn't intended to be used or tried to fix the product yourself and only made it worse, then they can waive the warranty.
People Also Asked
Corporate
Articles of Incorporation
Florida
When do I need articles of incorporation?
I want to start an LLC in Florida and have read about articles of incorporation. I want to understand what they are used for.
Jane C.
You need articles of incorporation when you start a business, open a business bank account, and apply for a tax identification number. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.
Read 1 attorney answer>Internet
Acceptable Use Policy
Florida
Why do I need an acceptable use policy?
I am being told I need an Acceptable Use Policy for our company. I want to understand why I need one.
Forest H.
A well written AUP will provide your employees, staff, and users with clear guidelines regarding what they can use company resources for and what is inappropriate. There may be conduct that blatantly crosses the line, such as using the company logistics software to break the law, but an AUP will also address those circumstances that are less clear, such as using internal messaging to ask a co-worker out on a date or to pass along inappropriate comments. It should also address potential security and data privacy breaches that may result from using poor oversight of company databases, introducing insecure devices to the network, or visiting potentially compromised websites and responding to phishing emails.
Read 1 attorney answer>Limited Liability Company
LLC Operating Agreement
Florida
What happens to LLC when member dies?
I want to create an operating agreement that explains what happens with the business in case one of the members died. We have an LLC. We want to create an operating agreement that states how the business will keep working in case one of our members dies.
Forest H.
There are provisions to add to an operating agreement to address the death or incapacity of a member. Feel free to contact me if you would like to discuss how to move forward.
Read 2 attorney answers>Employment
Employment Handbook
Florida
Do salary employees pay for time off if office is closed?
My daughter is currently working for a Chiropractic Office in Jacksonville. She is still within her 90 days, she was hired as a salaried employee, if she works extra the pay is the same. However, due to an upcoming holiday, she was discussing her time off with another employee and how they would have several days off to equate to a long weekend. She was told that while they are closed that Friday if she wants to get paid she will have to use her accrued PTO or her pay will be deducted and she was told not to discuss pay, hours, or any such thing with her fellow employees to go straight to HR. From HR she was then told that they do not offer sick days so they must use their PTO for sick days and that it cannot be used for days off which does not make any sense to what was said before. So for days they are not open she is going to be getting money deducted even though it is beyond her control. She is 23, working her first real job and maybe I am wrong but something does not seem right. Is there anything wrong or am I just being a worried mother.
Forest H.
There is a lot going on here. A couple of high points: 1) It is against federal labor law to prohibit employees from discussing their salary. 2) Salaried employees can be required to use PTO but their pay cannot be reduced to cover holidays if they don't have any PTO available. 3) 90 days is irrelevant, many employers will have a "probationary" period but that does not affect what laws apply to the employee.
Read 1 attorney answer>Dispute
Promissory Note
Florida
I have a issue with a borrower that has broke a promissory note. What can I do to recover my money legally?
I agreed to loan someone money and made a promissory note saying he will agree to pay the money in montly installments and interest if late plus legal fees if moneybis not paid. Its been close to a year have received not one penny. I'am looking for legal advice as I never been this far with this, as most people have always paid me back.
Donya G.
Yes you can. Did you sign a promissory note? What does it say about disputes over payment? How much money is owed? If you need additional information you can contact me on the website for assistance. Thanks Donya Gordon
Read 1 attorney answer>