Which repairs or exchanges will be made if the

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which repairs or exchanges will be made if the product does not function as originally intended (Kenton, 2019). If NBD were to have an express warranty or an affirmation that the product would perform in a specific manner, consumers could have sued for the product cost and replacement. An implied warranty could have assured consumers that the product presumably performs as intended.
5 Despite the combustion of the device, it performs well when used within the outlined terms made in the statement (i.e., not overcharging the device). In defense of the design defect, NBD did perform a cost-benefit analysis. The payouts from lawsuits would be less than the cost of redesigning and manufacturing a new laptop. From this information, it looks as though the company intently decided to cover-up the defect and added a warning to reduce liability, making a defense very challenging. This decision means that the company knowingly released a poorly manufactured product which could cause damages and injuries when used for any of its intended purposes. The Energy Conservation Act states that it is illegal to knowingly distribute into commerce any new product covered under the Act. The label of the product needs to follow the rules, and it conforms to a specified applicable energy conservation standard (NIST, 2019). The inefficient charging of Dualplex 360 is covered under this Act and makes NBD liable for the failure of its product. To defeat the failure to warn claim, NDB must find a way to shift the cause from the company to the plaintiff. For example, showing that the plaintiff failed to use the laptop properly by leaving the Dualplex 360 plugged after being charged. NBD failed to write a warning label on their product, but they provided inadequate instructions or warnings. It is highly unlikely that NBD would win against the failure to warn claim. Additionally, a reasonable person does not monitor the power of laptop charging. The customer has a reasonable expectation that the laptop’s power management software will take appropriate actions demonstrated with like devices in the same industry.
6 Conclusion and Recommendation The overheating and ignition did not occur in all the purchased Dualplex 360s. Nonetheless, the fact is that a fair amount of people has reported injuries and damage is enough to deem the product unsafe for use. NBD’s research and development team were fully aware of the issue and

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