what items must a written warranty include

All written warranties must be written plain language (in other words, no "legalese" or otherwise confusing text) and include the following:

• Name address of company extending the warranty
• Covered product or parts
• What the warranty entails: Replacement, repair, or complete refund (and whether the customer must pay for shipping or other costs)
• The length of time the warranty covers the product from the date of purchase
• What the warranty does not cover (such as damage caused by improper or illegal use)

Full Answer

What is a written warranty?

(6) The term “written warranty” means— (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a ...

What are the elements to a warranty?

ELEMENTS OF A WARRANTY Length of warranty. Description of the products, parts, properties, or characteristics covered by or excluded from the warranty. Steps for customer in the event that warranty coverage comes into play. Warrantor's response when confronted with product/service malfunctions, defects, or failures.

Do warranties need to be in writing?

First, the Act does not require any business to provide a written warranty. The Act allows businesses to determine whether to warrant their products in writing. However, once a business decides to offer a written warranty on a consumer product, it must comply with the Act.

Do written warranties have to be given with major purchases?

When you make a major purchase, the manufacturer or seller often gives you a warranty — a promise they make to stand behind the product. Whenever there's a warranty, the law says it must be available for you to read before you buy something. That's true whether you shop in person, online, or with a catalog.

What are the three basic rules of warranty liability?

These are: (1) Breach of warranty; (2) Negligence; (3) Strict liability.

What are the three basic categories of warranties?

Key Takeaway There are two types of warranties: express and implied. Under the implied category are three major subtypes: the implied warranty of merchantability (only given by merchants), the implied warranty of fitness for a particular purpose, and the implied warranty of title.

How do you write a warranty on a contract?

Company hereby represents and warrants that any Product sold under this Agreement and any replacement Product (a) is free and clear of any liens, security interests, or encumbrances of any nature; (b) has been designed, manufactured, labeled, packaged, stored, exported, and sold by Company in accordance with all ...

How do you write a warranty guarantee?

How to Write a Warranty StatementTailor the warranty statement to the type of product offered to consumers. ... Specify how many days the warranty covers regarding the contract. ... Detail the conditions of the warranty. ... Explain the limited warranty guarantee regarding replacement and repair of products.More items...•

What is excluded from warranty?

Warranty Exclusions means (i) ordinary wear and tear by Buyer; (ii) Buyer's non-observance of installation, operating, and/or maintenance instructions or Specifications provided by Seller in writing; (iii) Buyer's abuse, improper use, or neglect of Goods and Services; (iv) unauthorized modifications made to Goods and ...

What does a manufacturer's warranty not cover?

A manufacturer warranty covers repair and replacement costs due to factory errors but excludes nearly all damage outside of that. The following items are not covered by a typical car warranty: Routine maintenance—Oil changes, brake pad replacements, tire rotations, and similar tasks must be paid out-of-pocket.

What is not covered by warranty?

Home warranties also typically do not cover things such as: Cosmetic defects, such as scratches or dents to kitchen appliances. Damage from pests. Improper installation, misuse, or neglect.

Can a warranty be verbal?

Verbal express warranties are those given by the sales professional. For example, you purchased a vehicle and the car salesman tells you that the car is guaranteed to run for 50,000 miles. If the vehicle fails before that mark, you may have a claim.

Can warranties be verbal?

An express warranty can be either verbal or written. The seller, in effect, guarantees that the product will live up to the buyer's expectations based on the seller's claims. If the product fails in this regard, the seller is liable for fixing or replacing the product.

What contracts are not required to be in writing?

Contracts Lasting More than One Year However, any contract with an indefinite duration does not need to be in writing. Regardless of how long it takes to perform the duties of the contract, if it has an indefinite duration, it does not fall under the Statue of Frauds.

Where must disclosures be placed on the face of the warranty?

To comply with E-Warranty, the Commission revises the Disclosure Rule to specify that, for a warranty posted on an Internet Web site or displayed electronically, disclosures statutorily mandated to appear “on the face of the warranty” must be placed in close proximity to the location where the text of the warranty terms begins .

What is the E-Warranty Act?

The E-Warranty Act [ 4] (E-Warranty or the Act) amends the MMWA to allow, under certain circumstances, the posting of warranties on warrantors' Internet Web sites as an alternative method of complying with the Pre-Sale Availability Rule, and to permit sellers to make warranty terms available to consumers pre-sale via electronic means where the warrantor has chosen the online method. E-Warranty charges the Commission with promulgating consistent changes to the Disclosure Rule and the Pre-Sale Availability Rule within one year of the Act's passage. [ 5]

What is the pre sale availability rule?

The Pre-Sale Availability Rule [ 10] details the methods by which warrantors and sellers must provide warranty terms to consumers prior to sale of the warranted item. The Commission issued the Pre-Sale Availability Rule in 1975 in response to a mandate from Congress as set forth in the MMWA.

What is the Magnuson-Moss warranty?

The Magnuson-Moss Warranty Act (MMWA) authorizes the Commission to prescribe rules requiring disclosure of warranty terms and requiring that the terms of any written warranty on a consumer product be made available to the prospective purchaser prior to the sale of the product. [ 3] In 1975, the Commission issued both the Disclosure Rule, which establishes disclosure requirements for written warranties, and the Pre-Sale Availability Rule, which includes requirements for sellers and warrantors to make the text of any warranty on a consumer product available to the consumer prior to sale. Among other things, the Pre-Sale Availability Rule requires most sellers to make warranties readily available either by: (1) Displaying the warranty document in close proximity to the product or (2) furnishing the warranty document on request and posting signs in prominent locations advising consumers that warranties are available. The Pre-Sale Availability Rule requires warrantors to provide materials to enable sellers to comply with the Rule's requirements. The Rule also sets out how sellers should make warranty information available pre-sale if selling the product at retail locations, through catalogs, mail order, or door-to-door sales.

Do warrantors have to provide warranties?

Warrantors currently must provide sellers the warranty materials sellers need to meet their requirements under the Pre-Sale Availability Rule, such as providing copies of the warranty, providing warranty stickers, tags, signs, or posters, or printing the warranty on the product's packaging. The amendments do not alter the duties of warrantors who do not choose to employ an online method to supply warranty terms. E-Warranty provides that warrantors who choose the online method of disseminating warranty terms must provide consumers the address of the Internet Web site where the specific product's warranty terms can be reviewed and also supply a non-Internet method, such as a phone number or mailing address, for consumers to request the warranty terms. Under the amendments, if a consumer or seller [ 11] makes such a request, the warrantor must provide the warranty terms promptly and free of charge.

Can a warrantor post warranty terms on the Internet?

In accordance with the mandate in E-Warranty, the Commission revises the Pre-Sale Availability Rule to allow warrantors to post warranty terms on Internet Web sites if they also provide a non-Internet based method for consumers to obtain the warranty terms and satisfy certain other conditions, and to allow certain sellers to display warranty terms pre-sale in an electronic format if the warrantor has used the online method of disseminating warranty terms.

Who is a warrantor under the disclosure rule?

The Disclosure Rule and the Pre-Sale Availability Rule currently define a “warrantor” as “any supplier or other person who gives or offers to give a written warranty.” The Pre-Sale Availability Rule defines a “seller” as “any person who sells or offers for sale for purposes other than resale or use in the ordinary course of the buyer's business any consumer product.” The amendments add “manufacturers” to both Rules' definitions of “warrantor.” Sellers include retailers, catalog and mail order sellers, and door-to-door sellers.

How to write a warranty?

While it does not require merchants to offer written warranties, they are required to follow the act as soon as they do offer one. All written warranties must be written plain language (in other words, no "legalese" or otherwise confusing text) and include the following: 1 Name address of company extending the warranty 2 Covered product or parts 3 What the warranty entails: Replacement, repair, or complete refund (and whether the customer must pay for shipping or other costs) 4 The length of time the warranty covers the product from the date of purchase 5 What the warranty does not cover (such as damage caused by improper or illegal use) 6 Information about any dispute resolution procedures that may be necessary in some cases 7 Concise information about the consumer's legal rights

What does warranty mean?

What the warranty entails: Replacement, repair, or complete refund (and whether the customer must pay for shipping or other costs) The length of time the warranty covers the product from the date of purchase. What the warranty does not cover (such as damage caused by improper or illegal use)

What is implied warranty of fitness?

Products guaranteed for a specific purpose, beyond what is explicitly intended by the manufacturer, are covered by an implied warranty of fitness. For example, if a shoe salesperson sells you a pair of loafers for running—assuming you've made it clear that you want shoes for running—then your purchase is covered under an implied warranty of fitness.

What is a lifetime warranty?

The actual scope of a so-called "lifetime" warranty often is stated in the fine print. Most often, such a warranty covers the product for its lifetime on the market. This means the lifetime warranty ends either at the time the item is discontinued or sometimes a few years beyond that point.

What is express warranty?

An express warranty is a statement, either verbal or written, guaranteeing a certain expectation of quality or functionality for a certain period of time. For example, an express warranty may state the following: Our bicycles are guaranteed to operate as advertised for five years.

What is a consumer warranty?

A consumer warranty is best described as a guarantee made by the seller of a given product assuring a certain level of quality and reliability. If the product fails to meet these standards (i.e. it breaks or doesn't work as advertised), then the consumer may hold the seller accountable and receive a replacement or have the product fixed free ...

Why do retailers mark items as "sold as is"?

Retailers sometimes mark items with the words "sold as is" in an effort to void any post-purchase obligations, but this is not allowed in all states.

What are the requirements for a written warranty?

The requirements for all written warranties are as follows: Be written in non-legalese plain language in a single, clear, and easily readable and available document. Include the name and address of the seller. Delineate the product or parts covered by the warranty.

What is a warranty on a product that costs more than $10?

If the products cost more than $10, warrantors must “title” a written warranty as either “full” or “limited”. Include information as to what type of product use invalidates the warranty: illegal, improper, etc.

How long does implied warranty last?

This protection is provided automatically by the UCC. Implied warranties typically apply for four years after purchase. However, a "limited" written warranty, may limit the duration of the implied warranty of merchantability to the duration of the limited warranty. Implied warranties apply only to products sold by retailers.

What is manufacturer warranty law?

Manufacturer warranty law, governed by the UCC, the Magnuson-Moss Warranty Act, and the FTC rules, covers retailers’ express or implied guarantees of a product’s quality and/or reliability. 3 min read. 1. Manufacturer Warranty Law. 2.

What is warranty deceptive?

Deceptive or misleading terms in the warranty. A warranty seeming to provide coverage but doesn't actually . A warranty promising a service that the warrantor has no intention of providing. A warranty promising a service that the warrantor can't provide. Including “as is” will invalidate implied warranties.

How to communicate warranty?

There are three ways that a warranty can be communicated: Express (when purchased) Any written or spoken claim made a retailer in an advertisement or on a package may be considered an express warranty. Extended warranty offered after initial purchase (additional cost) Implied.

What is extended warranty?

Extended warranty offered after initial purchase (additional cost) Implied. There are also many different kinds of warranties. Some cover a product for the product’s lifetime. This is called a lifetime warranty. Some are limited to a few days. Some warranties cover all types of damages that may occur to the product.

What is a product warranty?

Product warranty is the guarantee a manufacturer of a product gives to the customer regarding the quality of their product and what compensation will be given if the product does not perform as advertised. Warranties will generally have exceptions to them that limit a manufacturer’s obligations.

What is a lifetime warranty?

Lifetime warranties are warranties that cover a product for much longer than a limited warranty, but often not for the product’s entire period of existence. Such warranties may be limited to the period in which the product is manufactured and sold or a few years after that point, or they may only last as long as the purchaser owns the product, meaning that those who purchase or own it secondhand will not be covered by the warranty. The term “limited lifetime warranty” may be used to indicate exclusions from a true “lifetime warranty,” and such exclusions should then be stated in the fine print.

What is express warranty?

Express warranties are statements made either in written or verbal form that guarantee a certain level of functionality or quality for a specified time period. Such warranties may not appear as traditional warranties at all, but rather more like advertising claims, such as a light bulb may last for a certain number of hours or years. Any express warranty is required to be designated “full,” meaning it has no time limit or is “limited” and there is a time limit. If an express warranty is written, it will be covered under the Magnuson-Moss Warranty Act.

Can a manufacturer extend a warranty?

The product being resold after purchase. A manufacturer may include language that places other limitations on a warranty, as well, or they may offer for purchase an extended warranty, which will offer longer protection from the warranty than that which comes with the product.

Does a credit card extend a warranty?

Credit Card Warranties. Many credit card companies will extend the manufacturer’s written warranty on products bought with the card. This varies from company to company, so the policy of your card or prospective card should be consulted. Credit Card Chargebacks.

Is extended warranty good?

Extended warranties are often not a good investment, since the products covered by them tend not to break during the time covered.

Is Magnuson-Moss warranty full or partial?

Any express warranty is required to be designated “full,” meaning it has no time limit or is “ limited” and there is a time limit. If an express warranty is written, it will be covered under the Magnuson-Moss Warranty Act.

Who is covered by a warranty?

Explain who is covered. With a full warranty, you will cover anyone in possession of the product. However, with a limited warranty, you might want to limit coverage to the original purchaser. Use the heading “Who is Covered” and the insert your information underneath this heading.

What is warranty in a product?

A warranty is your promise to fix or replace the product if something goes wrong. Your warranty can be broad—promising to cover any defect—or it can be more limited, promising only to fix certain parts of a product or certain defects. Regardless of the content of the warranty, your warranty must be readable. Use a legible font size and typeface and ...

How to make warranty readable?

Then provide your explanation of what is covered beneath this heading. Using headings is a good way to make your warranty readable.

What is a limited warranty?

A limited warranty. Simply use the words “Limited Warranty.”. Don’t include other information, such as the duration, because the reader might assume the limitation only applies to the duration and not to other aspects of the warranty. A multiple warranty (contains both full and limited warranties).

How to make sure warranty is legal?

To make sure that your warranty is legal, you should schedule an appointment with a lawyer who can review your warranty. To find a lawyer, contact your local or state bar association. They should have information on how to find a lawyer or run a referral program.

How many promises does a warranty have?

Decide if your warranty is “full” or “limited. ” These are the two types of warranties. A full warranty generally provides five promises. If your warranty is missing any of the five , then it is limited:

What is a multiple warranty?

A multiple warranty (contains both full and limited warranties). Use the title “Limited Warranty.”

I. The Magnuson-Moss Warranty Act and The E-Warranty Act

• The Magnuson-Moss Warranty Act (MMWA) authorizes the Commission to prescribe rules requiring disclosure of warranty terms and requiring that the terms of any written warranty on a consumer product be made available to the prospective purchaser prior to the sale of the product.[3] In 1975, the Commission issued both the Disclosure Rule, which establ...

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III. The Commission's Rule Changes and Analysis of Comments

IV. Regulatory Flexibility Act

v. Paperwork Reduction Act