Magnuson-Moss Warranty Act
Below is the 'legal stuff' about the Warranty act, basically the part that concerns a buyer of aftermarket automotive products is that a dealer or manufacturer can not void or charge for a warranty service based on use of aftermarket products unless a failure is a DIRECT result of use of the aftermarket product and they will have to prove how.
They also can not tell you that you must use the factory filters etc. to keep your warranty, unless they are willing to give you those items FREE of charge.
Unfortunately many consumers and often many dealer personnel do not know this, so Jim designed our products whenever possible to be easily removable and very easy to reinstall. If you ever have ANY problem with a dealer refusing to cover a warranty item due to ANY aftermarket product, even if it is a competitors product, feel free to write me and I will try to help.
Below is the Copy of the Federal Act.
702.1
Definitions.
(a) The Act means
the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 15 U.S.C.
2301, et seq.
(b) Consumer
product means any tangible personal property which is distributed in commerce
and which is normally used for personal, family, or household purposes
(including any such property intended to be attached to or installed in any real
property without regard to whether it is so attached or installed). Products
which are purchased solely for commercial or industrial use are excluded solely
for purposes of this part.
(c) Written
warranty means --
(1) 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 specified level of performance over a
specified period of time, or
(2) Any
undertaking in writing in connection with the sale by a supplier of a consumer
product to refund, repair, replace or take other remedial action with respect to
such product in the event that such product fails to meet the specifications set
forth in the undertaking,
which written
affirmation, promise, or undertaking becomes part of the basis of the bargain
between a supplier and a buyer for purposes other than resale of such product.
(d) Warrantor
means any supplier or other person who gives or offers to give a written
warranty.
(e) Seller means
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.
(f) Supplier
means any person engaged in the business of making a consumer product directly
or indirectly available to consumers.
[40 FR 60189,
Dec. 31, 1975, as amended at 52 FR 7574, Mar. 12, 1987]
702.2 Scope.
The regulations
in this part establish requirements for sellers and warrantors for making the
terms of any written warranty on a consumer product available to the consumer
prior to sale.
702.3 Pre-sale
availability of written warranty terms.
The following
requirements apply to consumer products actually costing the consumer more than
$15.00:
(a) Duties of
seller. Except as provided in paragraphs (c) through (d) of this section, the
seller of a consumer product with a written warranty shall make a text of the
warranty readily available for examination by the prospective buyer by:
(1) Displaying it
in close proximity to the warranted product, or
(2) Furnishing it
upon request prior to sale and placing signs reasonably calculated to elicit the
prospective buyer's attention in prominent locations in the store or department
advising such prospective buyers of the availability of warranties upon request.
(b) Duties of the
warrantor. (1) A warrantor who gives a written warranty warranting to a consumer
a consumer product actually costing the consumer more than $15.00 shall:
(i) Provide
sellers with warranty materials necessary for such sellers to comply with the
requirements set forth in paragraph (a) of this section, by the use of one or
more by the following means:
(A) Providing a
copy of the written warranty with every warranted consumer product; and/or
(B) Providing a
tag, sign, sticker, label, decal or other attachment to the product, which
contains the full text of the written warranty; and/or
(C) Printing on
or otherwise attaching the text of the written warranty to the package, carton,
or other container if that package, carton or other container is normally used
for display purposes. If the warrantor elects this option a copy of the written
warranty must also accompany the warranted product; and/or
(D) Providing a
notice, sign, or poster disclosing the text of a consumer product warranty. If
the warrantor elects this option, a copy of the written warranty must also
accompany each warranted product.
(ii) Provide
catalog, mail order, and door-to-door sellers with copies of written warranties
necessary for such sellers to comply with the requirements set forth in
paragraphs (c) and (d) of this section.
(2) Paragraph
(a)(1) of this section shall not be applicable with respect to statements of
general policy on emblems, seals or insignias issued by third parties promising
replacement or refund if a consumer product is defective, which statements
contain no representation or assurance of the quality or performance
characteristics of the product; provided that
(i) The
disclosures required by 701.3(a) (1) through (9) of this part are published by
such third parties in each issue of a publication with a general circulation,
and
(ii) Such
disclosures are provided free of charge to any consumer upon written request.
(c) Catalog and
mail order sales. (1) For purposes of this paragraph:
(i) ``Catalog or
mail order sales'', means any offer for sale, or any solicitation for an order
for a consumer product with a written warranty, which includes instructions for
ordering the product which do not require a personal visit to the seller's
establishment.
(ii) ``Close
conjunction'' means on the page containing the description of the warranted
product, or on the page facing that page.
(2) Any seller
who offers for sale to consumers consumer products with written warranties by
means of a catalog or mail order solicitation shall:
(i) Clearly and
conspicuously disclose in such catalog or solicitation in close conjunction to
the description of warranted product, or in an information section of the
catalog or solicitation clearly referenced, including a page number, in close
conjunction to the description of the warranted product, either:
(A) The full text
of the written warranty; or
(B) That the
written warranty can be obtained free upon specific written request, and the
address where such warranty can be obtained. If this option is elected, such
seller shall promptly provide a copy of any written warranty requested by the
consumer.
(d) Door-to-door
sales. (1) For purposes of this paragraph:
(i)
``Door-to-door sale'' means a sale of consumer products in which the seller or
his representative personally solicits the sale, including those in response to
or following an invitation by a buyer, and the buyer's agreement to offer to
purchase is made at a place other than the place of business of the seller.
(ii)
``Prospective buyer'' means an individual solicited by a door-to-door seller to
buy a consumer product who indicates sufficient interest in that consumer
product or maintains sufficient contact with the seller for the seller
reasonably to conclude that the person solicited is considering purchasing the
product.
(2) Any seller
who offers for sale to consumers consumer products with written warranties by
means of door-to-door sales shall, prior to the consummation of the sale,
disclose the fact that the sales representative has copies of the warranties for
the warranted products being offered for sale, which may be inspected by the
prospective buyer at any time during the sales presentation. Such disclosure
shall be made orally and shall be included in any written materials shown to
prospective buyers.
[40 FR 60189, Dec. 31, 1975, as amended at 52 FR 7574, Mar. 12, 1987]
The above info from section 702.1 down is from the US Government and deemed accurate, NO warranty to its accuracy is made by this website.
Main web site page is at www.a1customs.com
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