By Rabbi Meir Orlian | |||
#18 |
Vaetchanan |
23.07.2010 |
רלב |
Q: Can I avoid notifying customers about specific defects in my merchandise by making a general disclaimer, e.g. "These refurbished products perform properly, but may have fine cracks, weak connections, internal rust, chipped paint, missing screws, and/or broken plastic casing"?
A: The Gemara (Bava Metzia 80a) teaches that if someone who is selling a cow tells the customer, "This cow has a tendency to gore, bite, kick, and lie down [during work]," and the cow had only one of the imperfections included in the list, the customer can still void the sale with a fraud claim. Although he was notified of the fault, the customer did not take the seller seriously since he was presented with an entire list of faults – the rest of which were clearly untrue. Therefore, we cannot assume that he waived his rights and accepted the defect that proved true. However, if some of the faults are visibly factual, the disclaimer is valid even for faults that are not visible, since the customer saw that there was truth to the disclaimer (Shulchan Aruch, Choshen Mishpat 232:8).