It's usually a good business practice for manufacturers, and even retailers, to stand behind the quality of their products with warranties. A written warranty can provide consumers peace of mind. It might even be the decisive factor when choosing one product over another.
Various warranty laws protect consumers. For example, when you purchase a product from a retailer, it has an "implied warranty of merchantability." Essentially, the retailer guarantees that the item will work as you reasonably expect. This warranty, as you can probably tell from its name, is implied rather than written.
Written warranties, however, are usually offered by a product's manufacturer and outline what's covered. For example, if you buy a laptop and the screen stops working after one month, the manufacturer's warranty might allow you to get a new computer or entitle you to free repairs.
What Are the Types of Warranties?
Federal law requires that all written warranties clearly state whether they are "full" or "limited." The title gives the consumer insight into the protections that the warranty offers.
For example, a full warranty for a laptop might cover most problems that arise if the consumer isn't at fault. A limited warranty might only cover the hard drive and specifically exclude the screen. Or, as another example, the warranty might be called a “Full Six Year Warranty” or “Limited Warranty on Parts for the Second through Fourth Years.”
Additionally, a product's warranty must be contained in a single document in easy-to-read language. It must be made available for consumers to review before making the purchase.
What Is a "Full Warranty"?
A "full warranty" promises the consumer that the manufacturer or seller will repair the item for free during the warranty period. If the company can't fix the problem in a reasonable number of attempts and in a reasonable amount of time, it has to give the consumer a refund or replace the item.
Depending on how the state law is written, a full warranty might cover a limited period after the consumer buys the item, perhaps two years, or it might cover the product for life.
In addition, full warranties have the following characteristics.
The Warranty Covers Anyone Who Owns the Item
The warranty is good for anyone who owns the product during the warranty period—not just the original person who bought the product.
A Full Warranty Won’t Limit the Length of Implied Warranties
"Implied warranties" are unspoken and unwritten promises from a merchant to a buyer. State law creates them. The implied warranties in consumer transactions are the "implied warranty of merchantability" and the "implied warranty of fitness."
- The implied warranty of merchantability guarantees that the product will do what it is advertised and marketed to do. For example, if a merchant sells you an oven, the implied warranty of merchantability is that the oven will heat to a specific temperature.
- The implied warranty of fitness guarantees that the product will work for a specific purpose. For example, if a customer tells a merchant that she needs a fishing rod for fly fishing and the merchant sells her a rod that is suitable for deep-sea fishing but not for fly fishing, the merchant has breached the implied warranty of fitness for a particular purpose.
You Need to Notify the Warrantor About the Problem
To claim your rights under the warranty, you don’t have to do anything other than let the warrantor know that the item is defective. For example, with a full warranty, you don’t have to ship a defective refrigerator back to the factory.
What Is a "Limited Warranty"?
A "limited warranty" restricts the warranty to specific parts, certain types of defects, or has other limitations.
Limited warranties, unlike full warranties, can include a provision that restricts implied warranties to the length of the limited warranty. For example, a three-year limited warranty can limit the implied warranties to three years. Limited warranties, like full warranties, might cover only a specific period, like 90 days.
If you're planning on buying a product with a warranty, understanding these terms can help you make an informed decision.
You Have Legal Rights
If you need to use the warranty, but the manufacturer or retailer refuses to deliver on the warranty's promises, you have the right to file a lawsuit. In addition, the law requires the retailer or manufacturer to pay all of your legal fees if the matter is resolved in your favor.
Some warranties, however, might prevent you from filing a lawsuit and require you to work out your differences in formal mediation instead.
All Consumer Products Must Be Safe
The lack of a written warranty doesn't give manufacturers an out for liability for a flawed product design or faulty manufacturing if that defect causes injury or loss to a consumer.
Laws vary depending on the state. Generally, manufacturers are responsible for physical injuries and property losses when consumers can show that the product was likely to be the cause.
Talk to a Consumer Protection Lawyer
Laws about consumer product warranties are complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, contact a consumer protection lawyer.
