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This web page contains the opinion of the author and should not be considered as legal advice. You should not rely on this information, and if you do, you do so at your own risk.

Rescue Rooter's commitment to excellence is backed by a 100% satisfaction guarantee.

What does this guarantee mean? If you ask 50 different people, you'll get at least two different answers:

1. Either you're satisfied that you got what you paid for, or you get your money back.
2. For the agreed-upon price paid, Rescue Rooter will ensure a satisfactory result or will refund your money.

There are huge differences between these two interpretations:

Under the first interpretation, once the consumer decides that they he or she is not satisfied, then Rescue Rooter is bound to honor the guarantee by refunding the money paid.

Under the second interpretation, the consumer would have to give Rescue Rooter a reasonable opportunity to correct the problem. Rescue Rooter gets to "make good" on the guarantee by curing the problem with their service.

If you're a business person, the first version might not sound like a good business practice. However, as the consumer, you don't have to try and put yourself in Rescure Rooter's shoes to determine which interpreation of this guarantee make good business sense.

Rescue Rooter provides this guarantee as a way to induce the prospective customer to purchase the product or service from them. They want to overcome any objections the consumer may have... and the way to do that is to give the impression that virtually all risk to the consumer has been eliminated. If that means the consumer has to think they are guaranteed to be charged a fair price, that's what they want the consumer to think. And it is likely that this is the expectation that the customer has.

Under the principle of contracts of adhesion, ambiguities in a pre-written non-negotiable agreement are ruled against the party that wrote the agreement. If Rescue Rooter induced you to use their services based on this guarantee (since they make this guarantee public, this shouldn't be an issue), then Rescue Rooter can expect to be held to any reasonable interpretation by the consumer.
EliMantel  - 07 Aug 2004

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Revision r1.1 - 07 Aug 2004 - 17:13 by EliMantel  Privacy Policy

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