More details to this question:
I have a car warranty agreement. On the summary page it tells me the key items of the contract, which includes contract number, Number of miles (100,000), and effective date (July 12, 2006), and number of years the warranty is under effect (7 years). So according to the summary page the warranty expires on July 12, 2013. The next two pages are the fine print. In the fine print it states that the effective date is the first day of use. Although it does not specify the date in the fine print, the dealer tells me that first day of use was February 1, 2006. If that is the date used, the warranty has expired. If I had known the real expiration date I could have had the work done earlier in Florida, but since my date was July of 2013, I brought the car to the dealer in Nevada. The dealer is Nevada is the one who sold me the warranty to begin with. The car faces $1100 of repairs that would be covered by the warranty. The written contract contradicts itself. Who wins?
1 ANSWER
R. Christopher Reade
The answer is: it depends. Warranties are often adhesion contracts which means that they are construed against the warranty company. In interpreting a contract, “ the court shall effectuate the intent of the parties, which may be determined in light of the surrounding circumstances if not clear from the contract itself. A contract is ambiguous when it is subject to more than one reasonable interpretation. Any ambiguity, moreover, should be construed against the drafter." In your case, if the contract states that the warranty commenced on July 12, 2006 for a period of 7 years (and the mileage maximum has not been reached), you have a stronger claim.
Answered on May 15th, 2013 at 9:57 PM