§ 2302. — Rules governing contents of warranties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC2302]
TITLE 15--COMMERCE AND TRADE
CHAPTER 50--CONSUMER PRODUCT WARRANTIES
Sec. 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.
(Pub. L. 93-637, title I, Sec. 102, Jan. 4, 1975, 88 Stat. 2185.)
Section Referred to in Other Sections
This section is referred to in sections 2303, 2304, 2311, 2312 of
this title.
