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Old 10-19-2008, 09:05 PM   #311
bbusybookworm
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Quote:
Originally Posted by tompe View Post
What is an inherent defect? If an electronic component breaks inside 2 years it is pretty clear that it is an inherent defect. And that was also the intention of the law.
The point is that its not as cut and dry as you say.

Inherent defective can mean a lot of things in the law, but usually means that is not fit for its purpose or has a defect in the workmanship.

Now as you said it could be a inherent defect that lead to to it breaking, but the argument against that is that it does not cover accidental damage.

I.e. it was meant to prevent shoddy workmanship, not hold the manufacturer libel for misuse or damage caused by the user. Most electronics have to treated with care, otherwise you risk damaging them.eg. dropping and breaking a mobile phone or laptop does not mean that its is defective, it means that it was not used properly or within the products limits.

Similarly Breaking the screen on the Cybook could be argued as misuse by the user. While It could be a problem in the design as you said,its not simple as stating that, you are going to have to prove that the defect was in the design and not "user error" in a court of law.

While I do not think all the problems, were caused by users, or that Bookeen is very responsive, the situation is not that simple.

Best option would be to contact the Consumer protection agency / Better Business Bureau of your county and talk to them about this. They\ll be able to advise you on your rights on this.
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