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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 of charge.

Virtually every new product purchase is covered by a warranty, whether it is explained at the time of purchase; offered for a fee as an extended warranty; or implied.

The following information covers the basics of warranties and how consumers can best protect their interests. See " Lemon Law " for information about warranties pertaining to automobile purchases and FindLaw's " Product Warranties and Returns " page for related articles.

Passed in 1975, the Magnuson-Moss Warranty Act governs all virtually all consumer product warranties in the U.S. for products costing more than just a few dollars. The law requires retailers that offer written warranties to meet certain standards, such as making it available for consumers to read before purchasing.

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:

The act does not apply to the following:

While the act makes it easier for consumers to sue merchants for breach of warranty (a violation of federal law), merchants may—and often do—require customers to attempt resolving the issue by means of arbitration or mediation before filing a lawsuit.

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. We will repair or replace your bicycle if any such defects are present within five years of your purchase.

Some express warranties may not even look like warranties at all, but rather specific product claims. For example, a manufacturer's claim that its light bulbs will last a certain number of hours is actually a warranty, legally speaking. If the light bulbs fail to perform as indicated, consumers may seek a replacement or refund.

If the express warranty is written, it is covered by the federal Magnuson-Moss Warranty Act. Written warranties must be designated as either "full," meaning there is no time limit and the entire product is covered, or "limited," which is anything less than a full warranty.

August 2018


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