We’ve all experienced the process. You get to open and access a software application once you click the “I Agree” link. That’s called a Wrap Agreement. The same applies when you rip through the shrink wrap or outside wrapping of certain merchandise you purchased. Whether it is clickwrap or shrink wrap, you’re hooked. The law is that one is bound by the terms and conditions printed on the packaging of any product.
Commonly referred to as “wrap” agreements, such approaches to contract law are not only part of the software and technological requirements we encounter everyday but more and more they are now found in construction supply packaging.
A recent case has proven this point. A roofing contractor accepted delivery of roof shingles and opened the wrapping. When the homeowner subsequently sued the manufacturers of the shingles, the court determined that the homeowner was subject to the terms on the shingle packaging – this even though it was the roofer and not the homeowner who opened up the package of shingles.
While this conclusion may seem to stretch the law pretty far, one thing is clear. Wrap agreements should be taken seriously. When it comes to construction what is specified on the packaging will impact your rights and your warranties. What used to be just ripped off and thrown out should now be carefully read.