Page:United States Statutes at Large Volume 88 Part 2.djvu/871

 88 STAT. ]

PUBLIC LAW 93-637-JAN. 4, 1975

2187

(d) The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties. (e) The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5. DESIGNATION OF WARRANTIES

SEC. 103. (a) Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section: (1) If the written warranty meets the Federal minimum standards for warranty set forth in section 104 of this Act, then it shall be conspicuously designated a "full (statement of duration) warranty". (2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 104 of this Act then it shall be conspicuously designated a "limited warranty". (b) Sections 102, 103, and 104 shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations. (c) In addition to exercising the authority pertaining to disclosure granted in section 102 of this Act, the Commission may by rule determine when a written warranty does not have to be designated either "full (statement of duration)" or "limited" in accordance with this section. (d) The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties".

^^ ^^^ 2303.

"f^n warranty."

" L i m i t e d warranty. "

FEDERAL MINIMUM STANDARDS FOR AVARRANTY

SE(\ 104. (a) In order for a warrantor warranting a consumer product by means of a written wari-anty 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 108(b), 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.

is use 2304.

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