For our new resident attorney

[injdinjn]

Some decades ago, J C Penny had auto centers and sold batteries and shocks with a lifetime replacement guarantee as long as you owned the vehicle.
I have a JC Penny lifetime replacement battery in my truck.
I just contacted them about getting it replaced.
They say I have to accept a $120 cash buyout payment that they no longer will honor replacement batteries.
Is this legal?

[Vettezuki]

I don't think so. They're trying to hardball you into a buyout of your contract, but to my knowledge, JCP has to offer you a claim to forward to Firestone to honor the original contract. Since Firestone (the firm) that bought the JCP auto service is still in existence, and it had to accept all of its contractual obligations along with the purchase, there is, to my knowledge, no way for them to legally deny your warranty claim. You will need all of your original documentation to prove your claim though.


Adam?

[injdinjn]

Thanks, that's what my son and I thought. We have a binding contract and they are required to honor that contract if I live to be 500.
I guess tomorrow I will give them the bad news. And request their agent of service contact info at the same time. I know where to get it, just want to return the hardball to their court.
:)

[C5Natie]

I don't think so. They're trying to hardball you into a buyout of your contract, but to my knowledge, JCP has to offer you a claim to forward to Firestone to honor the original contract. Since Firestone (the firm) that bought the JCP auto service is still in existence, and it had to accept all of its contractual obligations along with the purchase, there is, to my knowledge, no way for them to legally deny your warranty claim. You will need all of your original documentation to prove your claim though.


Adam?

I agree. Same thing happened when our fleet changed maintenance companies from Johnson Control to Penske. Penske had to honor all warranty work that Johnson had done.

[enkeivette]

Oops, didnt see this. Ya its legal.

Since they dont make your battery anymore the payout is the replacement value of a like battery. Injunctive relief is hardly an option if monetary relief is available.

BUT, you should be entitled to that value again when your new battery dies again. (IF... JCP auto is part of or a subsidiary of JCP, and not a separate now dead entity.)

It really depends on your contract too, Im sure theres langauge in there to fuck you. Find it and read through it, you can post it if you want.

[enkeivette]

I agree. Same thing happened when our fleet changed maintenance companies from Johnson Control to Penske. Penske had to honor all warranty work that Johnson had done.

Ya maybe. Except they could pay you cash, they dont have to give you a new battery.

When a corporation buys out a new corp, or merges, generally they will be liable for its contracts and debts when the companies are substantially the same, operate in the same fashion and it was foreseeable that they would be bound to such obligations.

That may not be the case here if JCP auto was a different corporation than the current store. Penske and Firestone are substantially the same kind of business, JCP and JCP auto are not. So they may not even legally be obligated to pay you the $120. Its called successor liability.

[injdinjn]

The managers offer is that I buy a battery and he reimburses me and gives me JCP replacement stickers. I have it in email.

The way he talked if there was a firestone store at the location of the JCP he would just send me there.

[enkeivette]

Awesome! The best business is done via handshakes!