Tag Archives: warranty of merchantability

Broke or Not?

Life lessons from Chubby (my dad) and other smart folks I’ve met on the road.

“Dad, it broke,” I cried.

“What broke?” asked Chubby.

Chubby Rule merchantability transistor radio

“My transistor radio. The one I just bought at the store,” I replied.

“What’s wrong? Doesn’t it play?” Dad asked.

“It plays fine,” I answered. “But not very loud. I turn it all the way up, but I can still barely hear.”

“Sounds like merchantability,” Chubby said.

“Merchantability?” I asked. “What’s that?”

Chubby Rule merchantability

“The Warranty of Merchantability,” Dad answered. “Greg, when you buy something from a store that normally sells what you bought, it has to work like you would reasonably expect.”

“But Dad,” I said with concern. “My radio was on sale with a sign that said ‘no returns’.”

“Doesn’t matter,” Chubby exclaimed. “This warranty can only be avoided if the merchant disclaims it in bold letters.”

“Really?” I asked. “Does that mean if most would expect my transistor radio to play louder than it does, the store has to fix it or take it back?”

“Exactly,” said Chubby.

“Wow,” I exclaimed. “Does that mean I can get a new radio?”

“Let me listen,” Dad asked. “I want to hear how loud it plays.”

I gave Dad my transistor radio. He held it close to his ear. I had the volume turned all the way up. Chubby turned on the switch.

What did I learn from Chubby that day?

Merchantability . . . and my idea of loud was different than his.
Sorry dad.