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KS
Guest
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| Posted: Fri Oct 01, 2004 4:48 pm
Post subject: representations and warranties |
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Could someone tell me what the sentence below means please?
"The Windows Catalog os provided for information purposes only and Microsoft
makes no representations and warranties, either expressed, implied, or
statutory, regarding the products, manufacturers, compatibility of the
products available within, or the Windows Catalog".
I am particularly interested in what "representations and warranties" mean
here.
TIA
Kamil
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Don Phillipson
Guest
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| Posted: Fri Oct 01, 2004 6:13 pm
Post subject: Re: representations and warranties |
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"KS" <ks@ks.pll> wrote in message news:cjjcku$lu2$1@atlantis.news.tpi.pl...
| Quote: | Could someone tell me what the sentence below means please?
"The Windows Catalog os provided for information purposes only and
Microsoft
makes no representations and warranties, either expressed, implied, or
statutory, regarding the products, manufacturers, compatibility of the
products available within, or the Windows Catalog".
I am particularly interested in what "representations and warranties" mean
here.
|
It is an "omnibus phrase" designed to be as
comprehensive as possible: this is important
since MS is denying legal responsibility for
any supposed promises about products it sells.
Omnibus phrases are common. For example,
people swearing allegiance to Queen Elizabeth
II promise to be loyal to her and her "heirs and
successors under law:" this is a comprehensive phrase
that includes unknown successors as well as Prince
Charles and Prince William and others who we
know may eventually succeed as monarch.
(The British Parliament has the power to deprive
Queen E of the crown and make Joe Bloggs king.
If it did so, the oath I swore to Queen E in 1955
would continue to bind me because Joe Bloggs
would be Queen E's legal successor.)
Software manufacturers have for more than
20 years resisted claims for compensation by
disappointed customers. A standard way of
doing this is their insistence they do not claim
the software will work and do not warrant it
will do what purchasers expect. The richest
companies feel they need the most comprehensive
legal protection beforehand.
--
Don Phillipson
Carlsbad Springs
(Ottawa, Canada) |
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Matti Lamprhey
Guest
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| Posted: Fri Oct 01, 2004 7:27 pm
Post subject: Re: representations and warranties |
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"KS" <ks@ks.pll> wrote...
| Quote: | Could someone tell me what the sentence below means please?
"The Windows Catalog os provided for information purposes only and
Microsoft makes no representations and warranties, either expressed,
implied, or statutory, regarding the products, manufacturers,
compatibility of the products available within, or the Windows
Catalog".
I am particularly interested in what "representations and warranties"
mean here.
TIA
|
I'm not a lawyer and you should really ask a lawyer for a precise
answer. But in my experience (in Britain) representations and
warranties are statements made by one party upon which the other party
in a contract may rely.
A warranty forms part of the contract, and breach of the warranty will
usually amount to breach of the contract. A representation, on the
other hand, may have been made during precontractual negotiations and
discussions; one party may have relied upon such representations when
entering the contract. An example of a warranty might be that the
product will perform in accordance with a particular specification. An
example of a representation might be that the product has been installed
at a particular site for ten years without a failure.
Matti
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