For the purposes of this chapter:
(1) The term "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
(2) The term "Commission" means the Federal Trade Commission.
(3) The term "consumer" means a buyer (other than for purposes
of resale) of any consumer product, any person to whom such
product is transferred during the duration of an implied or
written warranty (or service contract) applicable to the product,
and any other person who is entitled by the terms of such
warranty (or service contract) or under applicable State law to
enforce against the warrantor (or service contractor) the
obligations of the warranty (or service contract).
(4) The term "supplier" means any person engaged in the
business of making a consumer product directly or indirectly
available to consumers.
(5) The term "warrantor" means any supplier or other person who
gives or offers to give a written warranty or who is or may be
obligated under an implied 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 specified level of
performance over a specified period of time, or
(B) 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.
(7) The term "implied warranty" means an implied warranty
arising under State law (as modified by sections 2308 and 2304(a)
of this title) in connection with the sale by a supplier of a
(8) The term "service contract" means a contract in writing to
perform, over a fixed period of time or for a specified duration,
services relating to the maintenance or repair (or both) of a
(9) The term "reasonable and necessary maintenance" consists of
those operations (A) which the consumer reasonably can be
expected to perform or have performed and (B) which are necessary
to keep any consumer product performing its intended function and
operating at a reasonable level of performance.
(10) The term "remedy" means whichever of the following actions
the warrantor elects:
(B) replacement, or
except that the warrantor may not elect refund unless (i) the
warrantor is unable to provide replacement and repair is not
commercially practicable or cannot be timely made, or (ii) the
consumer is willing to accept such refund.
(11) The term "replacement" means furnishing a new consumer
product which is identical or reasonably equivalent to the
warranted consumer product.
(12) The term "refund" means refunding the actual purchase
price (less reasonable depreciation based on actual use where
permitted by rules of the Commission).
(13) The term "distributed in commerce" means sold in commerce,
introduced or delivered for introduction into commerce, or held
for sale or distribution after introduction into commerce.
(14) The term "commerce" means trade, traffic, commerce, or
(A) between a place in a State and any place outside thereof,
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(15) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Canal Zone, or American Samoa. The term "State law" includes a
law of the United States applicable only to the District of
Columbia or only to a territory or possession of the United
States; and the term "Federal law" excludes any State law.