Basic disclosure provisions for written warranties Lawyer Manual

Basic disclosure provisions for written warranties

The Act requires that for each written warranty within the scope of the Act, the terms of the warranty must be disclosed before the sale, clearly and conspicuously, in easily understood language, including the following information:

Designation of the warranty

Must be described as "Full" or "Limited," as part of the caption or title.

Warranty coverage 

Must explain what products, parts, characteristics or components are covered and which are excluded. Warranty duration, including commencement.

Warrantor's performance obligations

The obligations may vary considerably, e.g., repair, replace, refund, pay for parts only, etc.

Consumer's duties

These are preconditions to the warrantor's obligations.  A step-by-step explanation of the procedures which a consumer must follow must be disclosed, including a statement of any expenses the consumer must bear, and including the identification of any person or class of persons authorized to do the warranty work.

Informal dispute settlement mechanisms

Must explain the availability of any informal dispute settlement procedure offered by the warrantor and a recital that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts.

Legal Remedies

A brief, general description of the legal remedies available to the consumer.

Notice of State Rights

Each warranty must contain the following language: "This warranty gives you specific legal rights, and you may also have other rights which vary from state to state."  

When warranty need not be honored

The warrantor's obligations are not required if he can show that the defect or malfunction was caused by damage (not resulting from defect or malfunction) while in possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).