How to write warranty terms
Businessperson's Guide to Federal Warranty Law
Aug 10, · The last step in preparing to write your terms and conditions is contemplating where the information will be located and how users will access it. X Research source This is important to consider before you write your terms and conditions because your answers to these questions will dictate how the terms and conditions will be written. Learn how to write standard invoice payment terms and conditions while sending bills to your clients. Find out about the important elements that must be covered like warranty, advance payments, return policy, late payment fees and much more. Also read about invoice payment terms examples.
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New Purchase Warranty
The terms and conditions of this Limited Warranty constitute the complete and exclusive warranty agreement between you and ASUS for the product and supersede any prior agreement or representations made in any ASUS sales document, literature or advice that may be provided to the customer by any ASUS representative in connection with the customer. Kia warrants a new car to be free of defects in material or workmanship – we’ve set out the terms and conditions for this below. An authorised Kia dealer will make any repairs, using new or remanufactured parts, to put right any problem covered by this limited warranty free of charge. Aug 26, · Include terms and conditions and a privacy statement. Terms and conditions spell out the rights and responsibilities of you, the business, and your customer. Your disclaimer can then exempt you from responsibility if the customer does not abide by the terms and conditions.
Skip navigation. Do your product warranties comply with law? This guide explains the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products. This manual is intended as a businessperson's guide to the basic features of the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products.
See Additional Sources of Information. This manual also addresses some basic points of state law that you need to know to understand the requirements and prohibitions of the Magnuson-Moss Act. However, because state law varies, you may need to contact a private attorney or the offices of the attorneys general in the states where you do business to get specific state law information. The manual is intended as a tool for you to use in consultation with your attorney, not as a substitute for your attorney's advice.
The names of the companies in the examples in this manual are fictitious; any resemblance between them and the names of actual companies is completely coincidental. Generally, a warranty is your promise, as a warrantor, to stand behind your product. It is a statement about the integrity of your product and about your commitment to correct problems when your product fails.
The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. The law says that merchants make this promise automatically every time they sell a product they are in business to sell.
For example, if you, as an appliance retailer, sell an oven, you are promising that the oven is in proper condition for sale because it will do what ovens are supposed to do—bake food at controlled temperatures selected by the buyer.
If the oven does not heat, or if it heats without proper temperature control, then the oven is not fit for sale as an oven, and your implied warranty of merchantability would be breached. In such a case, the law requires you to provide a remedy so that the buyer gets a working oven. The implied warranty of fitness for a particular purpose is a promise that the law says you, as a seller, make when your customer relies on your advice that a product can be used for some specific purpose.
For example, suppose you are an appliance retailer and a customer asks for a clothes washer that can handle 15 pounds of laundry at a time. If you recommend a particular model, and the customer buys that model on the strength of your recommendation, the law says that you have made a warranty of fitness for a particular purpose.
If the model you recommended proves unable to handle pound loads, even though it may effectively wash pound loads, your warranty of fitness for a particular purpose is breached.
Implied warranties are promises about the condition of products at the time they are sold, but they do not assure that a product will last for any specific length of time.
The normal durability of a product is, of course, one aspect of a product's merchantability or its fitness for a particular purpose. Nor does the law say that everything that can possibly go wrong with a product falls within the scope of implied warranties. For example, implied warranties do not cover problems such as those caused by abuse, misuse, ordinary wear, failure to follow directions, or improper maintenance. Generally, there is no specified duration for implied warranties under state laws.
However, the state statutes of limitations for breach of either an express or an implied warranty are generally four years from date of purchase. This means that buyers have four years in which to discover and seek a remedy for problems that were present in the product at the time it was sold. It does not mean that the product must last for four years. It means only that the product must be of normal durability, considering its nature and price.
A special note is in order regarding implied warranties on used merchandise. An implied warranty of merchantability on a used product is a promise that it can be used as expected, given its type and price range. As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual. If you do not offer a written warranty, the law in most states allows you to disclaim implied warranties.
However, selling without implied warranties may well indicate to potential customers that the product is risky—low quality, damaged, or discontinued—and therefore, should be available at a lower price. In order to disclaim implied warranties, you must inform consumers in a conspicuous manner, and generally in writing, that you will not be responsible if the product malfunctions or is defective.
It must be clear to consumers that the entire product risk falls on them. You must specifically indicate that you do not warrant "merchantability," or you must use a phrase such as "with all faults," or "as is.
For specific information on how your state treats "as is" disclosures, consult your attorney. Some states do not allow you to sell consumer products "as is. Federal law prohibits you from disclaiming implied warranties on any consumer product if you offer a written warranty for that product see What the Magnuson-Moss Act Requires or sell a service contract on it see Offering Service Contracts.
You should be aware that even if you sell a product "as is" and it proves to be defective or dangerous and causes personal injury to someone, you still may be liable under the principles of product liability. Selling the product "as is" does not eliminate this liability. Express warranties can take a variety of forms, ranging from advertising claims to formal certificates. An express warranty can be made either orally or in writing.
While oral warranties are important, only written warranties on consumer products are covered by the Magnuson-Moss Warranty Act. If you give a written warranty on a consumer product, Section of the Act prevents you from eliminating or restricting implied warranties. With some exceptions, Section c of the Act prohibits you from including a tie-in sales provision in your warranty. Section d of the Act makes breach of warranty a violation of federal law, and enables consumers to recover attorneys' fees.
A mechanism that does not meet the standards of the Dispute Resolution Rule may still be a valuable tool for you. The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties.
Passed by Congress in , the Act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties. To understand the Act, it is useful to be aware of Congress' intentions in passing it. First, Congress wanted to ensure that consumers could get complete information about warranty terms and conditions.
By providing consumers with a way of learning what warranty coverage is offered on a product before they buy, the Act gives consumers a way to know what to expect if something goes wrong, and thus helps to increase customer satisfaction. Second, Congress wanted to ensure that consumers could compare warranty coverage before buying. By comparing, consumers can choose a product with the best combination of price, features, and warranty coverage to meet their individual needs.
Third, Congress intended to promote competition on the basis of warranty coverage. By assuring that consumers can get warranty information, the Act encourages sales promotion on the basis of warranty coverage and competition among companies to meet consumer preferences through various levels of warranty coverage. Finally, Congress wanted to strengthen existing incentives for companies to perform their warranty obligations in a timely and thorough manner and to resolve any disputes with a minimum of delay and expense to consumers.
Thus, the Act makes it easier for consumers to pursue a remedy for breach of warranty in the courts, but it also creates a framework for companies to set up procedures for resolving disputes inexpensively and informally, without litigation. In order to understand how the Act affects you as a businessperson, it is important first to understand what the Act does not require. 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. Third, the Act does not apply to warranties on services.
Only warranties on goods are covered. However, if your warranty covers both the parts provided for a repair and the workmanship in making that repair, the Act does apply to you. Finally, the Act does not apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family, or household purposes are covered.
This includes property attached to or installed on real property. Note that applicability of the Act to a particular product does not, however, depend upon how an individual buyer will use it.
The following section of this manual summarizes what the Magnuson-Moss Warranty Act requires warrantors to do, what it prohibits them from doing, and how it affects warranty disputes. In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements. In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act.
This section summarizes all the requirements under the Act and the Rules. The Act and the Rules establish three basic requirements that may apply to you, either as a warrantor or a seller. Each of these three general requirements is explained in greater detail in the following chapters. There are three prohibitions under the Magnuson-Moss Act. They involve implied warranties, so-called "tie-in sales" provisions, and deceptive or misleading warranty terms. The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties.
This means that no matter how broad or narrow your written warranty is, your customers always will receive the basic protection of the implied warranty of merchantability.
This is explained in Understanding Warranties. There is one permissible modification of implied warranties, however. If you offer a "limited" written warranty, the law allows you to include a provision that restricts the duration of implied warranties to the duration of your limited warranty.
For example, if you offer a two-year limited warranty, you can limit implied warranties to two years. However, if you offer a "full" written warranty, you cannot limit the duration of implied warranties. Regardless, as a seller, you must make available to your customers copies of any written warranties from product warrantors. These are provisions that state or imply that a consumer must buy or use an item or service from a particular company to keep their warranty coverage.
Here are some examples of prohibited tie-in sales provisions. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc. Here is an example of a permissible provision in that circumstance:. Necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company.
Damage caused to the AudioMundo Stereo System by you or any non-authorized third party, however, may void this warranty. Obviously, warranties must not contain deceptive or misleading terms. You cannot offer a warranty that appears to provide coverage but, in fact, provides none.
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