Magnuson Moss Warranty Act
#1
04-09-2008, 04:31 PM
Magnuson Moss Warranty Act
Curious About What Your Rights Are On Warranty Related Issues?
The Magnuson-Moss Warranty Act (P.L. 93-637) is a United States federal law (15 U.S.C. § 2301 et seq.). Enacted in 1975, it is the federal statute that governs warranties on consumer products.
The Act was sponsored by Senators Warren G. Magnuson of Washington and Frank Moss of Utah, both Democrats.
Purpose of the Magnuson-Moss Act
According to the Report of the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.) the Magnuson-Moss act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The legislative history indicates that the purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers (Davis v. Southern Energy Homes, Inc. 305 F.3d 1268 (11th Cir. 2002)).
The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.
Requirements of the Magnuson-Moss Act
The Act provides that any warrantor warranting a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission. The FTC has enacted regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products actually costing the consumer more than $15. The Rules can be found at 16 C.F.R. Part 700.
Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty.
Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language.
Full Warranty Requirements Under a full warranty, in the case of a defect, malfunction, or failure to conform with the written warranty, the warrantor:
* must, as a minimum, remedy the consumer product within a reasonable time and without charge;
* may not impose any limitation on the duration of any implied warranty on the product;
* may not exclude or limit consequential damages for a breach of any written or implied warranty on the product, unless the exclusion or limitation conspicuously appears on the face of the warranty; and
* if the product, or a component part, contains a defect or malfunction, must permit the consumer to elect either a refund or replacement without charge, after a reasonable number of repair attempts.
In addition, the warrantor may not impose any duty, other than notification, upon any consumer, as a condition of securing the repair of any consumer product that malfunctions, is defective, or does not conform to the written warranty. However, the warrantor may require consumers to return a defective item to its place of purchase for repair.
Limitations of the Magnuson-Moss Act
The Magnuson-Moss Warranty Act does not invalidate or restrict any right or remedy of any consumer under any other federal law, nor does the Act supersede the Federal Trade Commission Act as it pertains to antitrust actions.
The Act does not invalidate or restrict any right or remedy of any consumer under state law. The Act is not the dominant regulation of consumer product warranties, and while it prescribes certain disclosures and restricts certain limitations on warranties, it leaves other warranty law untouched. Richardson v. Palm Harbor Homes, Inc., 254 F.3d 1321, 45 U.C.C. Rep. Serv. 2d 56 (11th Cir. 2001).
Although the Act covers warranties on repair or replacement parts in consumer products, warranties on services for repairs are not covered.
The federal minimum standards for full warranties are waived if the warrantor can show that the problem associated with a warranted consumer product was caused by damage while in the possession of the consumer, or by unreasonable use, including a failure to provide reasonable and necessary maintenance.
Source: Wikipedia.org
The Magnuson-Moss Warranty Act (P.L. 93-637) is a United States federal law (15 U.S.C. § 2301 et seq.). Enacted in 1975, it is the federal statute that governs warranties on consumer products.
The Act was sponsored by Senators Warren G. Magnuson of Washington and Frank Moss of Utah, both Democrats.
Purpose of the Magnuson-Moss Act
According to the Report of the House of Representatives which accompanied the law (House Report No. 93-1197, 93d Cong 2d Sess.) the Magnuson-Moss act was enacted by Congress in response to the widespread misuse by merchants of express warranties and disclaimers. The legislative history indicates that the purpose of the Act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers (Davis v. Southern Energy Homes, Inc. 305 F.3d 1268 (11th Cir. 2002)).
The statute is remedial in nature and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act.
Requirements of the Magnuson-Moss Act
The Act provides that any warrantor warranting a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understood language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission. The FTC has enacted regulations governing the disclosure of written consumer product warranty terms and conditions on consumer products actually costing the consumer more than $15. The Rules can be found at 16 C.F.R. Part 700.
Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty.
Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language.
Full Warranty Requirements Under a full warranty, in the case of a defect, malfunction, or failure to conform with the written warranty, the warrantor:
* must, as a minimum, remedy the consumer product within a reasonable time and without charge;
* may not impose any limitation on the duration of any implied warranty on the product;
* may not exclude or limit consequential damages for a breach of any written or implied warranty on the product, unless the exclusion or limitation conspicuously appears on the face of the warranty; and
* if the product, or a component part, contains a defect or malfunction, must permit the consumer to elect either a refund or replacement without charge, after a reasonable number of repair attempts.
In addition, the warrantor may not impose any duty, other than notification, upon any consumer, as a condition of securing the repair of any consumer product that malfunctions, is defective, or does not conform to the written warranty. However, the warrantor may require consumers to return a defective item to its place of purchase for repair.
Limitations of the Magnuson-Moss Act
The Magnuson-Moss Warranty Act does not invalidate or restrict any right or remedy of any consumer under any other federal law, nor does the Act supersede the Federal Trade Commission Act as it pertains to antitrust actions.
The Act does not invalidate or restrict any right or remedy of any consumer under state law. The Act is not the dominant regulation of consumer product warranties, and while it prescribes certain disclosures and restricts certain limitations on warranties, it leaves other warranty law untouched. Richardson v. Palm Harbor Homes, Inc., 254 F.3d 1321, 45 U.C.C. Rep. Serv. 2d 56 (11th Cir. 2001).
Although the Act covers warranties on repair or replacement parts in consumer products, warranties on services for repairs are not covered.
The federal minimum standards for full warranties are waived if the warrantor can show that the problem associated with a warranted consumer product was caused by damage while in the possession of the consumer, or by unreasonable use, including a failure to provide reasonable and necessary maintenance.
Source: Wikipedia.org
#2
04-09-2008, 05:33 PM
#3
04-09-2008, 05:57 PM
This Subject Arouse From SCTflash.com's Disclaimer About - "Your Warranty Cannot Be Legally Void Unless The Vehicles Manufacture Can Prove Our Product Was The Direct Problem Leading To Your Vehicles Failure" - That Was In My Own Words, But A similar Statement Was Printed In My Pamphlet They Gave Me About Their Product.
#4
04-09-2008, 07:09 PM
This Subject Arouse From SCTflash.com's Disclaimer About - "Your Warranty Cannot Be Legally Void Unless The Vehicles Manufacture Can Prove Our Product Was The Direct Problem Leading To Your Vehicles Failure" - That Was In My Own Words, But A similar Statement Was Printed In My Pamphlet They Gave Me About Their Product.
#6
04-09-2008, 07:20 PM
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