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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

X Drone Tech, a retailer in Davao City, sells a consumer drone with a 24-month warranty: 'This warranty covers defects in materials and workmanship under normal use. It does not cover damage from improper maintenance, unauthorized firmware updates, or user modifications.' After 14 months, the drone's camera module fails due to a manufacturing defect. The buyer asserts coverage; the retailer refuses, citing the alleged unauthorized firmware update. (a)Under the warranty regime in PD 612, as amended by RA 10607, what is the controlling rule and how should the warranty be characterized? (b)What remedies are available to the buyer if a non-conformity exists during the warranty period? (c)Is the exclusion for unauthorized firmware updates enforceable against the buyer? Why or why not?

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PD 612 does not govern consumer electronics; the buyer must sue for damages under general contract law; the exclusion is void. This is an express warranty under PD 612 as amended by RA 10607; it covers defects in materials and workmanship; the buyer may seek repair, replacement, or refund for non-conformities discovered within the 24-month period; the exclusion for unauthorized firmware updates is generally not enforceable against the buyer for manufacturing defects. This is a limited express warranty that allows the seller to repair the item at no cost but forbids refunds; the firmware update exclusion is valid. This is an express warranty; RA 10607 permits disclaimers for modifications; the buyer's remedy is limited to repair or replacement only.

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