§ 2304. — Federal minimum standards for 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: 15USC2304]
TITLE 15--COMMERCE AND TRADE
CHAPTER 50--CONSUMER PRODUCT WARRANTIES
Sec. 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.
(Pub. L. 93-637, title I, Sec. 104, Jan. 4, 1975, 88 Stat. 2187.)
Section Referred to in Other Sections
This section is referred to in sections 2301, 2303, 2308, 2311 of
this title.
