(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. |
