Question
You purchased a new smartphone from Smart-Buy, a major national retail business chain at a cost of $1,400.00. The contract states that this model phone
You purchased a new smartphone from Smart-Buy, a major national retail business chain at a cost of $1,400.00. The contract states that this model phone is rated to last 4-5 years and comes with a 1-year warranty for manufacturing defects. You declined to purchase the extended warranty. 14 months after your purchase, the phone stops functioning. You drop into one of the many Smart-Buy stores to show them the problem. They tell you the phone can be fixed, however, because the warranty has expired, it will cost you $300.00. Which of the following statements is correct regarding the recourse you have against Smart-Buy, if any?
a.
This is a Consumer Contract, therefore Smart-Buy is required to repair or replace the phone based on Lesion;
b.
Smart-Buy is not required to repair or replace the phone because you did not buy an extended warranty;
c.
Smart-Buy is required to repair or replace the phone based on the Legal Warranty of the Consumer Protection Act;
d.
Smart-Buy is required to repair or replace the phone because of misrepresentation regarding the quality of the phone.
e.
Smart-Buy is required to repair or replace the phone because this is a contract of Adhesion;
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