Legal Question in Business Law in Arizona

Out of Business

Our little business was closed in March of 2002 we had a customer buy a unit in june of 2001 install the unit in october of 2001. The warranty states that the unit must be installed by a licensed plumber or electrician this was not done. I recieved many phone calls from this customer stating that the fire department said that their house was going to burn down etc. We arranged to have a licensed electrician go out and inspect the unit as all warranties were voided when they had a none licensed installer work on the unit they refused to allow us access. They did not like how the unit worked. Now they want to sue me for the unit the manufacuter will not take the unit back because the warranty has been voided. All sales were final since this is electronic equipment. Do I have a leg to stand on or will they recover their money.


Asked on 7/26/02, 11:53 am

1 Answer from Attorneys
Jared Simmons Simmons & Gottfried, PLLC

Re: Out of Business

Based on the limited amount of information you provided, I would think you have several valid defenses if your former customer decides to file a cause of action. Your defenses may include negligence, and prior material breach of contract. However, without reviewing all the documents, including the contract for sale and the warranty information it is difficult to give an accurate opinion. If you would like to discuss this in more detail please feel free to call me at my office at that number provided below.

Jared Simmons

Simmons Law Offices

(480)998-1500

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Answered on 7/26/02, 1:47 pm


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