Kindle 2 Fails Man's Drop Test, Forces Amazon To Pay Him $400 - Page 2

Shaggy · 10-21-2009, 02:50 PM

Quote:

Originally Posted by rhadin

Shaggy, if you look at Amazon's reply, it was signed by counsel, so it did get as far as the lawyers.

Good point. I still doubt they really looked into it very hard though.

braver · 10-21-2009, 03:12 PM

Exactly. You guys go buy Kindles first and drop them, perhaps you'll feel better, and get some cash back even for the Nook.

hal_9000 · 10-21-2009, 05:22 PM

his arguments are weak at best. i cant recall, but surely the kindle came with paperwork of a waiver of express or implied warranties, and a mandatory arbitration clause, hence he couldnt even sue if he wanted to. he'd lose, assuming amazon puts the standard 101 language with the product, which they surely do. if they didnt, they deserve to get sued.

Penforhire · 10-21-2009, 06:09 PM

False advertising is hardly a weak argument. You may consider it abuse to drop an e-book. I do. But if you show something in an ad that is not obvious hyperbole we (Americans at least) have an expectation and legal right for the device to match the ad.

If Amazon ran enough tests then maybe this damage is unusual from a small drop. Then they won't be flooded with more claims.

DawnFalcon · 10-21-2009, 06:34 PM

Under UK law it creates a "reasonable expectation" as well. If you advertise something like the ability to take a drop, and the device dosn't? Well, then it is indeed up to the company to rectify the situation.

hal_9000 · 10-22-2009, 11:12 AM

i wasn't giving a personal opinion on whether he should win or not. i was simply pointing out that with many consumer electronic devices, they come with a waiver of express of implied warranties. the consumer is free to return the device if this waiver is unacceptable. i dont recall if my kindle came with one, but most electronic devices do. if it did come with it, his argument directly contradicts the waiver. that's all i was saying. its just a fact, not my opinion.

i agree with your points (penforhire and dawnfalcon), amazon shouldn't be permitted to advertise one thing, and then claim another, but in most cases, when it comes to proving your case, you're stuck with the 4 corners of the agreement.

WT Sharpe · 10-22-2009, 11:21 AM

I dropped mine recently onto a concrete floor and the back partially popped off. I just snapped it into place and it was okay.

DawnFalcon · 10-22-2009, 12:23 PM

Quote:

Originally Posted by hal_9000

if it did come with it, his argument directly contradicts the waiver. that's all i was saying. its just a fact, not my opinion.

Well yea, but in an awful lot of places, that disclamer isn't worth the electrons to display is it thanks to consumer law

Shaggy · 10-22-2009, 01:23 PM

Quote:

Originally Posted by WT Sharpe

I dropped mine recently onto a concrete floor and the back partially popped off. I just snapped it into place and it was okay.

The guy in the article didn't drop it by itself though. He dropped it inside a bag full of other things (many of which were relatively heavy objects). I suspect what happened is that if the drop itself didn't kill his screen, some other object in the bag smacked into it and broke the screen.

Regardless of the specifics though, I think Amazon putting a drop test video in their ad was a dumb move.

10-22-2009, 11:12 AM	#21
hal_9000 Enthusiast Posts: 34 Karma: 84 Join Date: Sep 2009 Location: Orlando FL Device: Kindle 2	i wasn't giving a personal opinion on whether he should win or not. i was simply pointing out that with many consumer electronic devices, they come with a waiver of express of implied warranties. the consumer is free to return the device if this waiver is unacceptable. i dont recall if my kindle came with one, but most electronic devices do. if it did come with it, his argument directly contradicts the waiver. that's all i was saying. its just a fact, not my opinion. i agree with your points (penforhire and dawnfalcon), amazon shouldn't be permitted to advertise one thing, and then claim another, but in most cases, when it comes to proving your case, you're stuck with the 4 corners of the agreement. Last edited by hal_9000; 10-22-2009 at 11:15 AM.

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10-21-2009, 03:12 PM	#17
braver Enthusiast Posts: 49 Karma: 86 Join Date: Sep 2009 Device: Amazon Kindle DX	Exactly. You guys go buy Kindles first and drop them, perhaps you'll feel better, and get some cash back even for the Nook.

10-21-2009, 05:22 PM	#18
hal_9000 Enthusiast Posts: 34 Karma: 84 Join Date: Sep 2009 Location: Orlando FL Device: Kindle 2	his arguments are weak at best. i cant recall, but surely the kindle came with paperwork of a waiver of express or implied warranties, and a mandatory arbitration clause, hence he couldnt even sue if he wanted to. he'd lose, assuming amazon puts the standard 101 language with the product, which they surely do. if they didnt, they deserve to get sued.

10-21-2009, 06:09 PM	#19
Penforhire Wizard Posts: 2,230 Karma: 7145404 Join Date: Nov 2007 Location: Southern California Device: Kindle Voyage & iPhone 7+	False advertising is hardly a weak argument. You may consider it abuse to drop an e-book. I do. But if you show something in an ad that is not obvious hyperbole we (Americans at least) have an expectation and legal right for the device to match the ad. If Amazon ran enough tests then maybe this damage is unusual from a small drop. Then they won't be flooded with more claims.

10-21-2009, 06:34 PM	#20
DawnFalcon Banned Posts: 2,094 Karma: 2682 Join Date: Aug 2009 Device: N/A	Under UK law it creates a "reasonable expectation" as well. If you advertise something like the ability to take a drop, and the device dosn't? Well, then it is indeed up to the company to rectify the situation.

10-22-2009, 11:21 AM	#22
WT Sharpe Bah, humbug! Posts: 39,072 Karma: 157049943 Join Date: Jun 2009 Location: Chesapeake, VA, USA Device: Kindle Oasis, iPad Pro, & a Samsung Galaxy S9.	I dropped mine recently onto a concrete floor and the back partially popped off. I just snapped it into place and it was okay.

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