The Viking Warranty
Upon launching the Viking Series 3000 in 1989, Viking offered a one-year warranty on the 3000 Series products. In March, 1991, however, Viking amended the 3000 Series warranty, offering a "Lifetime Warranty" that claimed that the 3000 Series products would be "free from defects in material and workmanship...."
Despite the significant lengthening of the 3000 Series warranty, Viking neither (1) made adjustments to its product designs to increase the durability of its product, nor (2) conducted engineering-based testing to determine whether the 3000 Series products were of sufficient quality to merit the new Lifetime Warranty. The decision to vastly expand the warranty coverage for this product appears to have been for marketing purposes and not as the result of product improvements, and, as such, was an inappropriate and misleading business decision.
Viking consistently and prominently advertised the Lifetime Warranty on the 3000 Series products and in marketing materials for the 3000 Series. The Viking warranty provided as follows:
"Viking Industries, Inc., warrants that its Viking windows and doors will be free of defects in material and workmanship that significantly impairs their operation and proper usage and applies for as long as you own them."
Viking also affixed a large 8" x 10" sticker label on each window that stated "LIFETIME WARRANTY". The "LIFETIME WARRANTY" language faced the front of the window. The backside of the label stated "The window is warranted to be free from defects in material and workmanship" for as long as you own them.
These express warranties form a part of the basis of the bargain between Viking and the proposed Class members, as they were inducements for the purchase of the windows. A customer is expected to perceive greater value and less risk when considering a product with a lifetime warranty as compared to a product with a warranty lasting only several years or a product with no warranty at all.
Warranties are a tool used by marketers to gain an edge on competitors who are not offering warranties on similar products, or to establish an equal footing in the marketplace with competitors who are offering similar warranties. For all of these reasons, warranties have a significant effect on customer purchase decisions. Accordingly, sellers have a responsibility to ensure that the warranty provisions offered are in line with the expected quality of the product being sold.
Viking knew or should have known of the irreconcilable difference between the long term life expectancy of the Viking aluminum frame and the relatively short term life expectancy of the sealant. Viking knew or should have known that the sealant and the window would fail prematurely, but marketed the "Lifetime Warranty" notwithstanding.
Lieff Cabraser Heimann & Bernstein, LLP and David Birka-White are not affiliated with Viking Window Systems. The use of the Viking name on this website is strictly for product identification and informational purposes.
