The State of California - State
and Consumer Services Agency
LEGAL AFFAIRS - 400 R Street,
Suite 3090 - Sacramento, CA 95814-6200
Legal Guide W-6
Full and Limited Warranties
Express and Implied Warranties
Disclosures, Disclaimers, Remedies
September 1990
(Revised, September 1994)
A product you've purchased or
leased for personal, family or household
purposes doesn't work the way it
should. You can try kicking it soundly,
yelling at it forcefully, pretending
you don't notice its failings ...
or even better, you can read its
written warranty.
The written warranty spells out
the warrantor's promises to fix
or replace an item or part if it
doesn't work properly. The law requires
that written warranties be worded
so as not to mislead a reasonable,
average consumer about the protections
the warranty provides. Warranties
must be written in plain and readily
understood language and must contain
a good deal of important information.
The law helps you by requiring
the warrantor to clearly and conspicuously
state all the information that you
should consider. Nevertheless, both
good and bad warranties still exist,
so you should shop around and compare
written warranties carefully.
YOU CAN LOOK AT THEM WHILE YOU
SHOP
The first time to read your written
warranty is before you buy an item.
Warranties on products costing more
than $15 must be made available
for you to read before you buy.
Sellers can do this by displaying
the warranty's text on or near the
product, or by maintaining a binder
containing copies of warranties
for all the products sold. Also,
be sure you actually receive the
written warranty. Some retailers
who sell
imported products at low cost do
not provide the written warranties
that normally accompany the products
they sell.
IT WARRANTS YOUR ATTENTION
Almost all warranties will fail
to include some assurances and protections
that you would want to have. In
selecting a product, you should
look upon the warranty as one of
its many characteristics -- like
color, style, size or weight. The
following information must be contained
in the warranty:
The warrantor's name and mailing
address. Who is protected by the
warranty, including any limitations
(for example, a warranty protecting
only the first owner).
Precisely what parts, components,
characteristics or properties the
warranty covers, and what it excludes.
What items or services the warranty
will pay for; and those for which
you must pay. When the warranty
term begins (if other than the date
of purchase). The warranty's duration
(measured, for example, by time
or mileage).
Whom to contact to have warranty
service performed (including names,
addresses and telephone numbers).
Step-by-step instructions to follow
to obtain service. Any expenses
you may be required to pay. Virtually
all written warranties include a
promise to make any needed repairs.
Rarely, however, does a warranty
include a promise to pay for repairs
or any other losses (although the
general law of sales and product
liability may confer such a right).
Some written warranties offer
very little protection at all, and
are only merchandising devices involving
no real benefit to you. While the
law prohibits a warrantor from making
a "deceptive warranty," your best
protection is to read and understand
the warranty before you buy.
The written warranty must state
any ways in which the warrantor
seeks to limit your legal rights.
It also must describe any limitation
the warrantor has sought to place
on your legal remedies. Most warranties,
for instance, state that the warrantor
is only responsible for repairs,
and not for any related losses that
may result from the product's defect.
The warranty must disclose information
to help you obtain redress if the
warrantor fails to honor its warranty.
This information may include the
availability of an arbitration program,
and a statement that while the warranty
gives you specific legal rights,
you have other rights too.
You do not need to return an
owner registration card, even if
the warranty says you must. However,
you always should keep a receipt
showing the date of purchase to
prove when the warranty period began.
And it may be in your interest to
register with the manufacturer even
if registration is not legally required.
FULL WARRANTIES LIMITED WARRANTIES
The written warranty will be
labeled either "full warranty" or
"limited warranty." A full warranty
must also state its duration; e.g.,
"Full Five-Year Warranty."
Most written warranties are limited
warranties in which the warrantor
has a great deal of flexibility
in writing warranty terms. For example,
a limited warranty may
cover parts, and not labor. Additionally,
it may charge you for handling fees.
A product can carry more than
one written warranty. The product
can have a fully warranty on one
part of it and a limited warranty
on the rest.
Always remember: a limited warranty
means careful, not everything's
covered."
RIGHTS UNDER FULL WARRANTIES
If the product has a full warranty,
federal law gives you certain minimum
rights and remedies. The warrantor
must rectify any defect, malfunction,
or failure to measure up to the
warranty within a reasonable time
and without charge after receiving
notice of a defect or malfunction.
If a defect, malfunction or failure
to conform with the warranty occurs
during the warranty period, the
warrantor must either repair the
product, replace it with another
product that is identical or reasonably
equivalent, or refund your money.
If the warrantor chooses to replace
the defective product, it must pay
all of the costs of removing and
reinstalling a product which is
useful only when installed (e.g.,
flooring). If the warrantor replaces
a component part, the replacement
and installation must be provided
free of charge.
In general, a full warranty gives
you a right to have an improperly
functioning product repaired or
replaced. While the warrantor may
offer you a refund, you need
not accept it unless repair is not
feasible or cannot be made within
a reasonable time, and the warrantor
cannot provide a satisfactory replacement.
On the other hand, a full warranty
does not give you the right to force
the warrantor to give you a refund,
so long as the warrantor is willing
to provide a defect-free
replacement.
If the warrantor can neither
repair nor replace a defective product,
the warrantor's only remaining option
is to refund its purchase price.
If the product is fundamentally
defective -- i.e., it cannot be
repaired after a reasonable number
of attempts -- you have the choice
of either a replacement or refund.
You are not required to tolerate
endless repairs. If you want a refund,
the warrantor can require that you
first pay off any loan on the item
(except one made by the seller)
before refunding the price. The
amount refunded is the actual purchase
price. If the warranty is a full
warranty, depreciation cannot be
deducted.
If you have a full warranty,
you also have a right to be reimbursed
for certain kinds of incidental
expenses, but only if the expenses
were incurred because the warrantor
did not act promptly, or imposed
an unreasonable (unfair or unnecessarily
burdensome) requirement as a condition
of providing a remedy.
The warrantor is not responsible
for the defects or failures of a
product cause by damage following
the sale, or by unreasonable use,
such as failure to provide reasonable
and necessary maintenance. It is
important, therefore, to read and
carefully follow the warrantor's
instructions on installation, operation
and maintenance. If the warrantor
claims that you or someone else
has damaged, abused or misused the
product, the warrantor should be
asked to state in what ways it believes
that the damage was done. The warrantor
has the burden of proving any abuse,
misuse or other post-sale damage.
Under federal law, you are entitled
to all of the above rights, even
if they are not specifically mentioned
in the written warranty.
NOTICE: We attempt to make our
legal guides accurate as of the
date of publication, but they are
only guidelines and not definitive
statements of the law. Questions
about the law's application to particular
cases should be directed to a specialist.
Prepared by:
RICHARD A. ELBRECHT
Supervising Attorney
Legal Services Unit
Department Of Consumer Affairs
Post Office Box 310
Sacramento, CA 95802
