§ 2301. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2301]
TITLE 15--COMMERCE AND TRADE
CHAPTER 50--CONSUMER PRODUCT WARRANTIES
Sec. 2301. Definitions
For the purposes of this chapter:
(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
(C) refund;
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, or
(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.
(Pub. L. 93-637, title I, Sec. 101, Jan. 4, 1975, 88 Stat. 2183.)
References in Text
For definition of Canal Zone, referred to in par. (15), see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Short Title
Section 1 of Pub. L. 93-637 provided: ``That this act [enacting this
chapter and sections 57a to 57c of this title, amending sections 45, 46,
49, 50, 52, 56, and 58 of this title, and enacting provisions set out as
notes under sections 45, 56, 57a, and 57b of this title] may be cited as
the `Magnuson-Moss Warranty--Federal Trade Commission Improvement
Act'.''
