Originally posted by monochrome Pentax Lenses carry an express 1 Year Warranty in the United States.
In the United States, the law is derived from four sources. These four sources are
constitutional law,
statutory law, administrative regulations,
and the common law (which includes case law). When applying the common law to a claim of obligation please cite your precendents as they apply to the manufacturer of a consumer item who has no
intent to defraud a consumer.
An express (or even an implied) warranty has a cost, a price and a value. Given equivalent capabilities, in a court of American law, a strong case could be made that at their recent prices when compared to equivalent Nikon and Canon lenses, a consumer should have had no expectation of implied warranty beyond the express 1 Year Warranty.
No need to get testy. I never said you were wrong, just not accurate. Warranty = express warranty (1yr for Pentax) + implied warranty of merchantability (# of years reasonable buyer of high-end lens would expect the lens to not fall apart on them – little exaggerated to make a point) + implied warranty of fitness (lens can take picture).
Ok, so, me buying a FA31mm and get 1 year express warranty (contract between Pentax and me @ POS) . . . 1 year + 1 sec later . . . FA31mm falls apart in 2 pieces. Am I screwed legally?? Probably not – a reasonable buyer of lens of this caliber would expect the “best AF lens ever made” to last 4-5 years, at the minimum.
Can I yell at Pentax to get the lens fixed under the express warranty? Nope, they would say, sorry your lens is out of warranty. Can I get the lens fixed under implied warranty of merchantability? Probably yes. But can I really get Pentax to budge? Probably not. What can I do – sue Pentax and Ricoh? Can I make a good argument in a US court? Probably yes. Will I ever bring Ricoh to court over a single FA31mm? ABSOLUTELY NOT.
So at the end, Pentax provides me with a sub-standard warranty that’s far too short of what a reasonable buyer would expect, and gets away with it because no one in the real world would sue Ricoh for breach of implied warranty of merchantability.
Side note, no need to bring Constitution into the discussion, this is a state law question, and has nothing to do with the fed. You can check out your state's commercial code for details as these implied warranty concepts have long been codified.