Page:United States Statutes at Large Volume 88 Part 2.djvu/870

 2186

PUBLIC LAW 93-637-JAN. 4, 1975

[88 STAT.

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. Availability ^\)^ (1)(A) The Commission shall prescribe rules requiring that prior o sa e. ^^^ tcrms 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. Information, ^g^ rpj^g Commission may prescribe I'ules 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 title (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 consumerproduct or any of its components be warranted. Time extension. (^3^ ^]^p 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). Conditions. (c) 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 wari-antor 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. Publication in ^lic Comuilssiou sluill ideutifv in the Federal Register, and permit Federal Register. 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.

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