Originally posted by: smack Down
See 2304. Federal minimum standards for warranties of the full text you linked
(c) Waiver of standards
The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).
Dell has to prove that the damage to the keyboard was caused by him opening up the keyboard. If they can't show the damage wasn't from a defect or malfunction they have to honor the warranty.
We are not arguing about Dell, but about the Magnuson-Moss Act. In addition, the waiver-of-standards clause has the effect of LIMITING the duties of the warrantor. It doesn't say anything about the warrantor HAVING to show anything about damage, it just says that IF (there is no overriding clause in the warranty AND) they can show unreasonable use, then are no longer required to perform the duties under subsection (a).
Without looking, I'm guessing that subsection (a) doesn't even apply to the whole warranty. Apples and oranges.
It takes a big person to admit that he's wrong.