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When
you make a major purchase, the manufacturer or
seller makes an important promise to stand behind
the product. It's called a warranty. Federal law
requires that warranties be available for you to
read before you buy even when
you're shopping by catalog or on the Internet.
Coverage varies, so you can compare the extent of
warranty coverage just as you compare the style,
price, and other characteristics of products.
Written
Warranties
Although not required by law,
written warranties come with most major purchases.
When comparing written warranties, keep the
following in mind:
- How long does the warranty
last? Check the warranty to see when it
begins and when it expires, as well as any
conditions that may void coverage.
- Who do you contact to get
warranty service? It may be the seller or
the manufacturer who provides you with
service.
- What will the company do
if the product fails? Read to see whether
the company will repair the item, replace it,
or refund your money.
- What parts and repair
problems are covered? Check to see if any
parts of the product or types of repair
problems are excluded from coverage. For
example, some warranties require you to pay
for labor charges. Also, look for conditions
that could prove expensive or inconvenient,
such as a requirement that you ship a heavy
object to a factory for service, or that you
return the item in the original carton.
- Does the warranty cover
"consequential damages?" Many
warranties do not cover damages caused by the
product, or your time and expense in getting
the damage repaired. For example, if your
freezer breaks and the food spoils, the
company will not pay for the lost food.
- Are there any conditions
or limitations on the warranty? Some
warranties provide coverage only if you
maintain or use the product as directed. For
example, a warranty may cover only personal
uses—as opposed to business uses—of the
product. Make sure the warranty will meet your
needs.
Spoken
Warranties
If a salesperson makes a promise
orally, such as that the company will provide free
repairs, get it in writing. Otherwise, you may not
be able to get the service that was promised.
Warranty
Pieces
When you buy a car, home, or major
appliance, you may be offered a service contract.
Although often called "extended
warranties," service contracts are not
warranties. Service contracts, like warranties,
provide repair and/or maintenance for a specific
time. Warranties, however, are included in the
price of the product; service contracts costs
extra and are sold separately. To determine
whether you need a service contract, consider:
- whether the warranty already
covers the repairs and the time period of
coverage that you would get under the service
contract;
- whether the product is likely
to need repairs and the potential costs of
such repairs;
- the duration of the service
contract;
- the reputation of the company
offering the service contract.
Implied
Warranties
Implied warranties are created by
state law, and all states have them. Almost every
purchase you make is covered by an implied
warranty.
The most common type of implied
warranty—a "warranty of
merchantability," means that the seller
promises that the product will do what it is
supposed to do. For example, a car will run and a
toaster will toast.
Another type of implied warranty
is the "warranty of fitness for a particular
purpose." This applies when you buy a product
on the seller's advice that it is suitable for a
particular use. For example, a person who suggests
that you buy a certain sleeping bag for
zero-degree weather warrants that the sleeping bag
will be suitable for zero degrees.
If your purchase does not come
with a written warranty, it is still covered by
implied warranties unless the product is marked
"as is," or the seller otherwise
indicates in writing that no warranty is given.
Several states, including Kansas, Maine, Maryland,
Massachusetts, Mississippi,
Vermont, West Virginia, and the District of
Columbia, do not permit "as is" sales.
If problems arise that are not
covered by the written warranty, you should
investigate the protection given by your implied
warranty.
Implied warranty coverage can
last as long as four years, although the length of
the coverage varies from state to state. A lawyer
or a state consumer protection office can provide
more information about implied warranty coverage
in your state.
Preventing
Problems
To minimize problems:
- Read the warranty before
you buy. When
online, look for hyperlinks to the full
warranty or to an address where you can write
to get a free copy. Understand
exactly what protection the warranty gives you.
If a copy of the warranty is available when
shopping online, print it out when you make
your purchase and keep it with your records.
- Consider the reputation of
the company offering the warranty. Look
for an address to write to or a phone number
to call if you have questions or problems. If
you're not familiar with the company, ask your
local or state consumer protection office or
Better Business Bureau if they have any
complaints against the company. A warranty is
only as good as the company that stands behind
it.
- Save your receipt and file
it with the warranty. You may need it to
document the date of your purchase or prove
that you're the original owner in the case of
a nontransferable warranty.
- Perform required
maintenance and inspections.
- Use the product according
to the manufacturer's instructions. Abuse
or misuse may void your warranty coverage.
Resolving
Disputes
If you have problems with a product
or with getting warranty service:
- Read your product
instructions and warranty carefully. Don't
expect features or performance that your
product wasn't designed for, or assume
warranty coverage that was never promised in
writing. A warranty doesn't mean that you'll
automatically get a refund if the product is
defective—the company may be entitled to try
to fix it first. On the other hand, if you
reported a defect to the company during the
warranty period and the product wasn't fixed
properly, the company must correct the
problem, even if your warranty expires before
the product is fixed.
- Try to resolve the problem
with the retailer. If you can't, write to
the manufacturer. Your warranty should list
the company's mailing address. Send all
letters by certified mail, return receipt
requested, and keep copies (see the sample
complaint letter on page 7).
- Contact your state or
local consumer protection office. They can
help you if you can't resolve the situation
with the seller or manufacturer.
- Research dispute
resolution programs that try to informally
settle any disagreements between you and the
company. Your local consumer protection
office can suggest organizations to contact.
Also, check your warranty; it may require
dispute resolution procedures before going to
court.
- Consider small claims
court. If your dispute involves less than
$1,500 to $25,000 the amount varies by state you can usually file a lawsuit in small
claims court. To see the limitations for your
state check Nolo.com
The costs are relatively low,
procedures are simple, and lawyers usually
aren't needed. The clerk of the small claims
court can tell you how to file your lawsuit
and your state's dollar limits.
- If all else fails, you may
want to consider a lawsuit. You can sue
for damages or any other type of relief the
court awards, including legal fees. A lawyer
can advise you how to proceed.
Sample
Complaint Letter
(Your Address)
(Your City, State, Zip)
(Date)
(Name of Contact Person)
(Title)
(Company Name)
(Street Address)
(City, State, Zip Code)
Dear (Contact Person):
On (date), I purchased (or had
repaired) a (name of the product with the serial
or model number or service performed). I made this
purchase at (location, date, and other important
details of the transaction).
Unfortunately, your product (or
service) has not performed well (or the service
was inadequate) because (state the problem).
Therefore, to resolve the
problem, I would appreciate your (state the
specific action you want). Enclosed are copies
(copies, not originals) of my records (receipts,
guarantees, warranties, cancelled checks,
contracts, model and serial numbers, and any other
documents).
I look forward to your reply and
a resolution to my problem and will wait (set a
time limit) before seeking third-party assistance.
Please contact me at the above address or by phone
(home or office numbers with area codes).
Sincerely,
Your Name
Account Number
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