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Jim__

(14,486 posts)
Fri Nov 16, 2012, 02:07 PM Nov 2012

"AS IS" "WHERE IS" clause in terms and conditions on buying a new furnace.

I'm trying to buy a new furnace to be installed in my condo. My condo is unusual in that the furnace is in a shed external to my apartment. Most people I've spoken to said there are potential problems that they can't guarantee to resolve. One furnace company said they can install a furnace in such a way that it will resolve all problems (most of the problems are due to extreme cold weather - the furnace freezes).

So, I have gone ahead and told that company I would buy their furnace. Then, they sent me a Terms And Conditions contract that contains an "AS IS" and "WHERE IS" set of clauses. I told them I wouldn't sign that. They're trying to tell me that the "AS IS" "WHERE IS" clause applies only to the installed furnace, and that all the furnaces warranties remain in effect.

I can't see any reason to put an AS IS WHERE IS clause in a contract for a warrantied piece of equipment. Does anyone know of a valid reason to include such a clause in a contract for a furnace?

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