Subject: Re: OT: orbz.org - help needed
To: Thomas Michael Wanka <Tom@Wanka.at>
From: Thomas Michael Wanka <Tom@Wanka.at>
Date: 01/30/2002 13:35:43
On 29 Jan 2002 at 21:43, David Maxwell wrote:
> If you are B, having signed agreement 1 to get service from A, under
> certain conditions, it seems extraordinarily clear to me that you
> can't allow C (buying service from you, B) to do things which put you
> in violation of 1. Either you make sure that agreement 2 is at least
> as strict as 1, or you've promised to provide something that you
> cannot provide, and you lose.
this is only true, as long as the law does not prohibit the terms of
agreement 1 to be part of agreement 2.
If A is a manufacturer and B is a dealer, agreement 1 can limit the
warranty to 6 months or even less. If C is a consumer, the law does
not only prohibit any limitation of the minimum 24 months warranty,
but also disables any term containing such limitation while the rest
of agreement 2 is still valid.
Of course it is correct, that if B is a dealer B must know the laws
and his risks.