Quote:
Originally Posted by Misunderestimated
Peter - as to "mutual mistake," it's not my area of the law.
So I'll defer -- happily. ....that's why I wrote preliminary without having researched ...etc... My bad.
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By the way does the "TPG dodge" you describe ultimately mean that to have warranty relief the card has to go back to the person who was the original seller (presumably whomever submitted the card to the TPG) who could properly bring it to the TPG for the warranty ...
BUT then the TPG could assert that this person violated the submission terms by acting in bad faith and knowingly submitted a doctored card. So the TPG could then avoid its obligations under the warranty altogether. Pretty crafty.
(sorry if this is clumsy but it's Saturday)
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Leaving aside the Sloan letter, I think the guarantee applies broadly to any purchaser of the card in the current holder. I don't think there is any obligation to go back to the seller to invoke the guarantee.