15 U.S.C. § 2304 : US Code - Section 2304: Federal minimum standards for warranties

Search 15 U.S.C. § 2304 : US Code - Section 2304: Federal minimum standards for warranties

(a) Remedies under written warranty; duration of implied warranty;
exclusion or limitation on consequential damages for breach of
written or implied warranty; election of refund or replacement
In order for a warrantor warranting a consumer product by means
of a written warranty to meet the Federal minimum standards for
warranty -
(1) such warrantor must as a minimum remedy such consumer
product within a reasonable time and without charge, in the case
of a defect, malfunction, or failure to conform with such written
warranty;
(2) notwithstanding section 2308(b) of this title, such
warrantor may not impose any limitation on the duration of any
implied warranty on the product;
(3) such warrantor may not exclude or limit consequential
damages for breach of any written or implied warranty on such
product, unless such exclusion or limitation conspicuously
appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains a
defect or malfunction after a reasonable number of attempts by
the warrantor to remedy defects or malfunctions in such product,
such warrantor must permit the consumer to elect either a refund
for, or replacement without charge of, such product or part (as
the case may be). The Commission may by rule specify for purposes
of this paragraph, what constitutes a reasonable number of
attempts to remedy particular kinds of defects or malfunctions
under different circumstances. If the warrantor replaces a
component part of a consumer product, such replacement shall
include installing the part in the product without charge.
(b) Duties and conditions imposed on consumer by warrantor
(1) In fulfilling the duties under subsection (a) of this section
respecting a written warranty, the warrantor shall not impose any
duty other than notification upon any consumer as a condition of
securing remedy of any consumer product which malfunctions, is
defective, or does not conform to the written warranty, unless the
warrantor has demonstrated in a rulemaking proceeding, or can
demonstrate in an administrative or judicial enforcement proceeding
(including private enforcement), or in an informal dispute
settlement proceeding, that such a duty is reasonable.
(2) Notwithstanding paragraph (1), a warrantor may require, as a
condition to replacement of, or refund for, any consumer product
under subsection (a) of this section, that such consumer product
shall be made available to the warrantor free and clear of liens
and other encumbrances, except as otherwise provided by rule or
order of the Commission in cases in which such a requirement would
not be practicable.
(3) The Commission may, by rule define in detail the duties set
forth in subsection (a) of this section and the applicability of
such duties to warrantors of different categories of consumer
products with "full (statement of duration)" warranties.
(4) The duties under subsection (a) of this section extend from
the warrantor to each person who is a consumer with respect to the
consumer product.
(c) Waiver of standards
The performance of the duties under subsection (a) of this
section shall not be required of the warrantor if he can show that
the defect, malfunction, or failure of any warranted consumer
product to conform with a written warranty, was caused by damage
(not resulting from defect or malfunction) while in the possession
of the consumer, or unreasonable use (including failure to provide
reasonable and necessary maintenance).
(d) Remedy without charge
For purposes of this section and of section 2302(c) of this
title, the term "without charge" means that the warrantor may not
assess the consumer for any costs the warrantor or his
representatives incur in connection with the required remedy of a
warranted consumer product. An obligation under subsection
(a)(1)(A) of this section to remedy without charge does not
necessarily require the warrantor to compensate the consumer for
incidental expenses; however, if any incidental expenses are
incurred because the remedy is not made within a reasonable time or
because the warrantor imposed an unreasonable duty upon the
consumer as a condition of securing remedy, then the consumer shall
be entitled to recover reasonable incidental expenses which are so
incurred in any action against the warrantor.
(e) Incorporation of standards to products designated with full
warranty for purposes of judicial actions
If a supplier designates a warranty applicable to a consumer
product as a "full (statement of duration)" warranty, then the
warranty on such product shall, for purposes of any action under
section 2310(d) of this title or under any State law, be deemed to
incorporate at least the minimum requirements of this section and
rules prescribed under this section.