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Old 05-03-2018, 11:38 AM   #1
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Warranty wording

We got our RV back from Forest River late last month. It had been there since last fall, getting a number of repairs done (tried going through our dealer with no luck). So far, the repairs seems to be good. We had requested an extension to our warranty since we were only able to use the new RV in the summer (first the rv spent time at the dealer then 5 months at Forest River). While things took forever, we wanted things repaired correctly.
So, the FR rep we worked with is willing to give us an extension to our warranty. I am just unsure about what they want us to sign.
What does this mean?
It is agreed that through the extended warranty period that no claims or actions shall be filed or alleged, including but not limited to, breach of express or implied warranty and that the available recourse hereinafter for any alleged damages shall be the costs to repair.
And this:
In return for the consideration of the extension of the Limited Warranty I promise and covenant that all past days out of service regarding the Forester identified above in the past eleven months, attributable to the completion of Forest River Inc. warranty procedures, are now and forever forgotten and forgiven
FR has been good to work with: responsive and understanding. I just don't want to sign something I don't completely understand.
Thanks!
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Old 05-03-2018, 11:43 AM   #2
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Asking for contract legal advice on a forum is probably not the best place. Check with a Notary or Lawyer IMHO. Varys by State/Province and statutes in place.
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Old 05-03-2018, 11:52 AM   #3
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They are saying that by giving you an extended warranty you can't sue them for the duration of the extended warranty nor can you file claim if they don't uphold their side of the contract, can't hold the past against them, and that your only recourse if you're unhappy is to pay to have things done to your liking.

At least, that's what I got out of it. I'm not an attorney, I just play one on the internet.
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Old 05-03-2018, 12:27 PM   #4
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No attorney here but pretty standard legal verbiage.

Part one... During the extended warranty, you give up the right to take any legal action for past repairs and any future warranty repairs can only be accountable for the cost of the repair. (nothing additional, just what $$ it takes to repair it)


Part two... in consideration of getting the extended warranty, you no longer can use the time without your R/V (while at the factory) as a basis for trying to get something fixed down the road. (after the completion of the extended warranty term)

I'd sign it no problem.
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Old 05-03-2018, 01:00 PM   #5
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I got the same thing out of it that 5Picker did.
I'd have no problem signing it.
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Old 05-08-2018, 02:53 AM   #6
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Hi PA Campers,
The second part is signing away any claim you might make, based on Lemon Laws. "Days out of service" is one measurement that can be used to file a Lemon claim. If you are without the rig, due to repairs, for more than a certain number of days, a claim may be filed. There are additional rules to the law, as well. For instance, the problems must be related to the vehicle part of the RV, rather than the "house" components.

I'm not an attorney, but unfortunately we're learning all about this the hard way. Hope things turn around for you, and you're able to get out there and have some fun!
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Old 07-16-2018, 07:49 PM   #7
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Let us be clear about this. First, I am an attorney in Ohio who handles cases in several states and I am familiar with the general laws applicable. The first part means that if you take the extended warranty then you could never filed any kind of claim against the factory at all for breaching the warranty and the only thing you can ever do is get paid for repairs. You’re giving up the remainder of your warranty in exchange for them doing what they already would be obligated to do. That is dumb, in my opinion. The second part does not get any better. There is no lemon law that generally applies to an RV except for the chassis, which is warranted by someone else of course. And no Lemon law covers a travel trailer at all. So if you take the extended warranty, it will be as though the previous repair history you have has been erased. As long as you’re not going to have anymore problems with her, then maybe you want to think about that and consider. If your confidence in her trailer is gone, however, well, that is another story. Be careful what you do next.
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