Guide to Federal Warranty Law


A Businessperson's Guide to
Federal Warranty Law

May 1987

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State law (the Uniform Commercial Code). Sections 2-314 & 2-315. Section 2-313.

 

 

For the full legal texts listed below, consult the supplement to this manual.

 

 

The FTC's Dispute Resolution Rule, 16 C.F.R. Part 703.

5

REQUIREMENT I: The Magnuson-Moss Warranty Act, Section 102.

 

REQUIREMENT II: The FTC's Disclosure Rule, 16 C.F.R. Part 701.

 

 

REQUIREMENT III: The FTC's Pre-Sale Availability Rule, 16 C.F.R. Part 702.

 

The FTC's Warranty Advertising Guides.

 

 

The Magnuson-Moss Warranty Act, Section 106.

 

Table of Contents

Introduction

Understanding Warranties

Implied Warranties
Express Warranties

Understanding the Magnuson-Moss Warranty Act

What the Magnuson-Moss Act Does Not Require
What the Magnuson-Moss Act Requires
What the Magnuson-Moss Act Does Not Allow
  
   Disclaimer or Modification of Implied Warranties
  
"Tie-in-Sales" Provisions
   Deceptive Warranty Terms

How the Magnuson-Moss Act May Affect Warranty
  Disputes
  
Consumer Lawsuits
   Alternatives to Consumer Lawsuits

Titling Written Warranties as "Full" or "Limited"

What the Terms "Full" and "Limited" Mean
Examples of Full Warranties, Limited Warranties, and
  Multiple Warranties

Stating Terms and Conditions of Your Written
  Warranty

Basic Information Required for All Warranties
Specific Information Required When Your Warranty
  Contains Certain Optional Terms and Conditions

Making Warranties Available Prior to Sale

What Retailers Must Do
What Mail Order Companies Must Do
What Door-to-Door Sales Companies Must Do
What Manufacturers Must Do

Advertising Warranties

How to Advertise Warranties Covered by the Pre-Sale
  Availability Rule
How to Advertise a Satisfaction Guarantee
How to Advertise a Lifetime Warranty or Guarantee

Offering Service Contracts

Statement of Terms and Conditions
Disclaimer or Limitation of Implied Warranties

Additional Sources of Information

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