Blowhard," Know-it-alls" - Page 2
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  1. #14
    Join Date
    Apr 2004
    Posts
    7,680
    It would cost you less to put them up in a hotel for the night, then to take on the liablity.

  2. #15
    Join Date
    Jun 2003
    Location
    Jacksonville, FL.
    Posts
    4,313

    Re: FOUND IT!

    Originally posted by hvac question
    Whoo hoo! Carrier's Applied Heating GTH1 Gas Furnaces:
    Only direct replacements should be used if replacement becomes necessary."

    Thank's guys..... I appriciate your input

    Uh... a little common sense needs to be applied here. The ONLY reason Carrier recommends direct replacement is so that they can make money on after-market parts (& maybe to avoid any liability concerns). I mean, think about it: If you could buy a snap disc limit from Johnstone with the very same specs as the OEM part for less, then what's the harm? Absolutely none. I'm not gonna let Carrier gouge me on price just so I can make them richer.

  3. #16
    Join Date
    Apr 2004
    Posts
    7,680
    Why not pass the cost on to the customer, isnt it his furnace that needs the part? Unless of course it was the company you work for that maybe failed to provide enough combustion air to the unit to make the switch cycle and fail.

    I mean lets say the worst of worst happens, you can bet your bottom dollar that the unit will be instpected and when they find the limit has been changed out, they will go directly for the guy who did it.

  4. #17
    Join Date
    Aug 2004
    Location
    S.E. Pa
    Posts
    6,127

    Exclamation product liability

    I handle product liability issues for a major mfr. I agree with everyone's comments except Ed's. I even agree with his common sense approach in theory. It's just we have lawyers in the world. Because of the litigation, I can assure you if you tampered with one of our appliances, esp. substituting a part, we will bring in some expensive experts to prove it was your work that caused the problem.
    That brings me to my next point--negligence. You must have damages to prove negligence unless it is grossly dangerous to the population such as building your own nuclear plant in your back yard. You must prove there was a duty to act(install the OEM part), that there was a failure to act( you installed a generic part) and that the generic part was the proximate and legal cause of the Ooops!
    You also have Warranties of Merchantability and of Fitness for a Particular Purpose. Basically, under these legal principles, liability might attach because the mfr. might be able to prove what you did is not acceptable to be put into the stream of commerce, in legal terms.
    You also may have Construction Defect laws in your state. In Calif, they have 10 yrs to come after you.
    You also have your own workmanship warranty. Whether you express one or your state implies one, you may be liable not only for how well you turn wrenches & screwdrivers but your choice of parts and materials.

    The mfr. can predict behavior of the appliance only with the part they tested it with. The listing is valid only with those same parts. Therefore, most warranties will be null & void if you veer outside of what the mfr. specs.

    Guys, if you buy a new Ford then replace the water pump with a rebuilt while it's still under warranty, do you think Ford is going to sit by and not nail you if this resulted in a warranty case?
    Just because people make generic replacement parts doesn't make it ok to use them. You replace a thermocouple and change the dropout rate, then someone gets Poofed! from a delayed ignition. Think about it.

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