|06-16-2009, 08:04 PM||#1|
Your Warranty Rights
I implore you to check this before asking whether your product in question will violate your warranty.
There's a lot of discussion on this site, so I will try to limit this post and thread to discussions relating specifically to automotive warranties. I hope that this guide helps you understand your warranty rights better.
This law allows for enhanced enforcement of warranties. It states that implied warranties must be fulfilled in the case of any product with a full warranty. In the case of limited warranties, the only exception is that a clause may exist in the warranty limiting the fulfillment of the warranty. Here is an example:
You purchase a 2009 GT-R. The GT-R warranty states that the limited warranty includes all service for free for 3 years. Later, the warranty states that the entire document is void if you use the car for racing purposes. The GT-R black box gets read at the dealership when you get an oil change, indicating that the car has repeatedly been driven for sustained periods of time over all local speed limits. The dealer proceeds to explain that your GT-R warranty has been voided.Evidence clearly points to some sort of racing, therefore voiding your warranty. It is important to read your warranty conditions before proceeding to violate them.
[By the way, the GT-R warranty does not include 3 years of service.]
Warranties of any kind require the manufacturers to stand behind the products they produce. Failure to stand behind warranted products may result in prosecution. You have the right to sue those who break their warranty promises.
Tie-ins are illegal. I'm sure you're going to ask, "What are tie-ins?" Tie-ins are a product of up-selling. Up-selling is the practice of promoting additional products from the same manufacturer in an attempt to increase your sale. In this case, tie-ins are to products that would be required for you to buy in order to receive a remedy for your warranty. Here is an example:
You purchase an intake from AEM. Your AEM intake then throws a CEL code, causing you to visit your dealer. Your dealer checks your OBDII, only to find a code from your air sensor. The dealer proceeds to tell you that your AEM intake violates all future warranty repairs unless you replace your product with a GMPP intake.In this case, the tie-in is the GMPP intake. This is illegal in an effort to protect consumers from having to purchase extra products in order to have their warranties enforced. If your dealer requires you to buy anything before fulfilling your warranty obligations, then you should inform the dealer that they have violated federal policies and that you have a right to sue.
Your warranty must state its limitations. Here is an example:
You recently reupholstered your 1970 Trans Am. The leather company includes a full 10-year warranty that does not cover wear and tear, fading, or damage resulting from anything other than sitting on the leather. After eating a Thanksgiving feast, you take off your belt and throw it in the back seat. The belt buckle tears the leather. This is not covered because it is caused by an accident unrelated to sitting on the leather. Later, your passenger is seated in the front, and hears a tear. The seam has torn. This is covered because it represents a product failure due to sitting on the leather.In this example, the leather is covered in the front but not the rear. The seat is not designed for carrying belt buckles. It is designed for seated people. Any other use that causes damage violates the warranty. Knowing your limitations is vital to protecting your consumer rights.
Required on Every Warranty
If your warranty does not state at least 1 of the following statements, then it violates federal law:
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.If this is missing, contact the Federal Trade Commission. The first statement should be on every warranty. There may be more than 1 statement on your warranty.
Statute of Limitations
If a product breaks during the course of an implied warranty, then the product's owner has 4 years from the date of purchase to seek resolution in most cases.
[I cannot provide more specifics to this area.]
You must try to resolve any warranty dispute through an informal mechanism before suing the company responsible for covering your warranty. In other words, the company must also provide, in the warranty paperwork, a mechanism for resolving complaints. This may be a hotline, address, or other form of contacting the company. Here is an example:
In trying to contact the manufacturer of your Trans Am leather upholstery, you reference the warranty paperwork. The paperwork provides instructions for sending a letter, which you closely follow. They refuse to repair your rear seat because it was not damaged due to regular use. They agree to replace your passenger seat leather. They send you the leather, have it installed, and everything is fine with the seat. The situation is properly resolved.Had the company failed to send the leather for installation, you would have a right to sue. Since the informal mechanism worked, you don't have to sue to get the warranty enforced.
This act does not cover advertised warranties, but there are other FTC regulations that require advertisements to be honest. Deceptive advertisements are illegal. If a warranty is advertised as being 5 years long, then it has to be 5 years long. The advertisement does not necessarily have to state the limitations of that warranty or state any reasons why that warranty would be voided.
The use of this vocabulary could have 3 distinct meanings.
It could represent how long the product's original purchaser remains alive. In this case, the product is intended to last for a human being's lifetime. Here is an example:
You buy a car with this type of lifetime warranty. It breaks before you die under normal driving conditions. It, therefore, means that the car must be repaired. The car breaks again in the possession of your great-grandchild. Since you are dead in this case, your warranty dies with you. The great-grandchild must cover the repairs.It could represent how long the product's application lasts. Here is an example:
In 1995, you buy a steering wheel for your 1993 Caprice. The Caprice continues to function into 2008, but the steering wheel breaks in 2007. The warranty implies that it is intended to last as long as your vehicle, but it has broken a year before the car breaks down. This is covered in the warranty. If it had broken after the car, it would not be covered.It could represent how long the owner owns the application. Here is an example:
In the same Caprice, the warranty implies that the steering wheel warranty only lasts as long as you own the car. Since you sold the car in 2000, the warranty only lasted for 5 years. Had you kept the car, the warranty would have lasted longer.Service Contract
This sort of agreement is entirely optional. It may involve additional services rendered by the retailer, dealer, or another source. Service contracts are not related to the warranty. They are not covered under the same warranty.
MAGNUSON-MOSS WARRANTY ACT
US Code: Title 15, Chapter 50, Sections 2301-2312
Section 2301-2312 of the Magnuson Moss Warranty Act: Section 2301. Definitions (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 installed).
(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 consumer product.
(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 consumer product.
(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: (A) repair,
(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 transportation - (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. Section 2302. Rules governing contents of warranties (a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others: (1) The clear identification of the names and addresses of the warrantors.
(2) The identity of the party or parties to whom the warranty is extended.
(3) The products or parts covered.
(4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty - at whose expense - and for what period of time.
(5) A statement of what the consumer must do and expenses he must bear.
(6) Exceptions and exclusions from the terms of the warranty.
(7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.
(8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts.
(9) A brief, general description of the legal remedies available to the consumer.
(10) The time at which the warrantor will perform any obligations under the warranty.
(11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.
(12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.
(13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty. (b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract (1) (A) The Commission shall prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.
(B) The Commission may prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing. (2) Nothing in this chapter (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.
(3) The Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract). (c) Prohibition on conditions for written or implied warranty; waiver by Commission No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if - (1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor. (d) Incorporation by reference of detailed substantive warranty provisions The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.
(e) Applicability to consumer products costing more than $5 The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5. Section 2303. Designation of written warranties (a) Full (statement of duration) or limited warranty Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section: (1) If the written warranty meets the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a ''full (statement of duration) warranty''.
(2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "limited warranty". (b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction This section and sections 2302 and 2304 of this title shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.
(c) Exemptions by Commission In addition to exercising the authority pertaining to disclosure granted in section 2302 of this title, the Commission may by rule determine when a written warranty does not have to be designated either ''full (statement of duration)'' or ''limited'' in accordance with this section.
(d) Applicability to consumer products costing more than $10 and not designated as full warranties The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties". 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. Section 2305. Full and limited warranting of a consumer product Nothing in this chapter shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated. Section 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty (a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language. Section 2307. Designation of representatives by warrantor to perform duties under written or implied warranty Nothing in this chapter shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a co-warrantor. Section 2308. Implied warranties (a) Restrictions on disclaimers or modifications No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or
(2) at the time of sale, or within 60 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product. (b) Limitation on duration For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law. Section 2309. Procedures applicable to promulgation of rules by Commission (a) Oral presentation Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.
(b) Warranties and warranty practices involved in sale of used motor vehicles The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure. Section 2310. Remedies in consumer disputes (a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures (1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.
(2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.
(3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If - (A) a warrantor establishes such a procedure,
(B) such procedure, and its implementation, meets the requirements of such rules, and
(C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and
(ii) a class of consumers may not proceed in a class action under subsection (d) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence. (4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section.
If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.
(5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair. (b) Prohibited acts It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder).
(c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions (1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or
(B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission's or Attorney General's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district. (2) For the purposes of this subsection, the term ''deceptive warranty'' means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or
(B) a written warranty created by the use of such terms as ''guaranty'' or ''warranty'', if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual. (d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims (1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief - (A) in any court of competent jurisdiction in any State or the District of Columbia; or
(B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection. (2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate.
(3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection - (A) if the amount in controversy of any individual claim is less than the sum or value of $25;
(B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or
(C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred. (e) Class actions; conditions; procedures applicable No action (other than a class action or an action respecting a warranty to which subsection (a)(3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.
(f) Warrantors subject to enforcement of remedies For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person. Section 2311. Applicability to other laws (a) Federal Trade Commission Act and Federal Seed Act (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting. (b) Rights, remedies, and liabilities (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.
(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury. (c) State warranty laws (1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement - (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder;
(B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and
(C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder). (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and
(B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement. (d) Other Federal warranty laws This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter. Section 2312. Effective dates (a) Effective date of chapter
Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date.
(b) Effective date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter.
(c) Promulgation of rules
The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date.
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Drives: 2010 Camaro 2SS/RS
Join Date: May 2009
hasn't been tuned, but had an offer from a tuner to do it for free so they could have a baseline, was just curious
|06-16-2009, 09:18 PM||#6|
Drives: 2010 CAMARO
Join Date: Sep 2008
Location: Pittsburgh-ish - PA
this all looks good on paper, but in actuality there's a lot of lawyers involved and voided warranties. . .
Coming form the SRT4 community. There was loads of issues with voided warranties.
|06-16-2009, 09:21 PM||#7|
|07-09-2009, 07:13 PM||#10|
Drives: 2SS SIM
Join Date: Apr 2009
Location: texas panhandle BFE
2SS RS SIM gray leather stick shift ground FX
thank you gary richards @ classic chevy in sugarland
yes i got to the dance late don't hate me
|07-31-2009, 03:06 AM||#11|
Drives: 2010 IBM 2SS L99
Join Date: Jul 2009
Location: Chesapeake, VA
Dealers can't void a warranty just because after market parts are on it. Theres a pretty good explanation of the Magnuson-Moss warranty act of 1975 here: http://www.impalaclub.com/naisso/magmoss.htm
|08-04-2009, 09:02 AM||#13|
and MR. HYDE
Drives: 2010 2SS RJT/BLK 6Spd Man
Join Date: May 2009
Location: Oxford, Alabama
I have a dumb question. GM has offered a performance exhaust, shorty headers and shifter for this car. Like most we ordered from the factory but due to circumstances beyond our control we had to change because it was not available. SO let me ask, if these mods were available from the factory would the ar have been any differently tuned, also since they are now available from GMPP it seems like it will not void the warranty if I am correct in my assumptions. What do you think
MUSTANG...Like Bringing a Hot Dog to a Steak Dinner....There is no comparison.
|08-04-2009, 09:26 AM||#14|
Drives: 2010 2SS RS
Join Date: Jul 2009
Location: Tracy/San Diego CA
Ive said this in other threads -
Every time I see someone offer a MODIFICATION for a car someone asks if it will void the warranty. In short -
IF YOU WANT TO KEEP YOUR WARRANTY 100% DO NOT MODIFY YOUR CAR
Every modification will void some part of your warranty. A dealer has no responsibility to fix, under warranty, anything that was modified after it left the dealership and trust me, they WILL use every excuse possible.
It is good to know your rights, but it takes money to use them and the dealerships know this. It is usually going to be cheaper to repair the car yourself than fight it out in court. I know that the dealer will eventually be required to pay lawyer fees IF you win, but you will still be out a lot of money up front and your car will be down in the meantime.
I have a decent background modifying cars and dealing with dealerships and my message is this - If you cannot afford to pay to fix something YOU broke modifying your car, DO NOT MODIFY IT.
IOM w/ White Stripes 2SS RS M6 #17772
Now - Stainless Works 2" Headers, Intake, Cam, tune, ect
And shepherds we shall be, For thee my lord for thee. Power has descended forth from thy hand, that our feet may swiftly carry out thy commands. So we shall flow a river forth to thee, and teeming with souls shall it ever be.In nomine Patri, Et Fili, Spiritus Sancti
|ftc, law, void warranty, warranty|
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