@Tony,
thanks, and I’ll consider and post a complete answer, preserving all my legal and equitable remedies in the hope that KEF decides its position is uncionsionably harsh under my circumstances, and that its warranty limitation fails of its essential purpose since, without limitation, in several phone conversations with sales, I was never warned it had no repair facilities West of the Rockies and in fact was told that Magnolia was a very large retail seller with three nearby stores. Being a lawyer, albeit retired, I have and continue to reserve all rights, remedies and causes of action.
Now, subject to my later or subsequent answer, with my plenary legal and equitable positions, KEF did not limit or exclude Washington state from its marketing activities, and from the circumstances NECESSARILY implied it had some equitable or rational (not uncionsionably harsh) means of effecting repairs, even by means of an independent contractor or local dealer. In fact KEF earns substantial sums by availing itself if the benefits and protection of Washington law. Without limitation, it would have been simple, fair and rational to hire or call upon a local retail seller to come to my home (on lake Washington, a stones throw from where Curt Cobain shot himself, a nice, convenient neighborhood) and listen for, or to the condition. I’m certain we could, in good faith, agree on a qualified person, and I’d pay reasonable travel costs, and split a reasonable fee so they didn’t have a financial interest in the transaction. Instead, I first got a diy, and then the unfair or unconscionably harsh assertion of a warranty limitation which, given the circumstances, I reckon is beneath KEF’s commercial reputation for fair dealing.
I will answer fully soon, asserting Washington and New Jersey’s rights, duties and remedies under Article 2 of the UCC, showing that no conflict or choice of law need be made, and that the limitation is void, or voidable as unconscionably harsh and fails of its own terms, and that I’m entitled to contract recission or cancellation.
Finally, absent a warning to me, Washington’s Consumer Protection Act, prohibiting deceptive or UFAIR practices independent of the sale contract terms, likely applies since my remedy is patently unfair under my circumstances, nor was I warned.
Thanks for asking and standby.