Just in case you need it again http://www.consumer.state.ny.us/clah...d%20warranties
Consumer Law Help Manual
Warranties
The Magnuson-Moss Warranty Act , adopted by Congress in 1975, regulates warranties given by manufacturers to consumers.[1]
The Magnuson-Moss Act does not require warranties, written or oral, or proscribe the duration of a warranty. If a manufacturer does provide a written warranty, however, the Act requires certain disclosures and standards be met. The Act also provides a consumer with the power to sue a manufacturer for breach of any written or implied warranty or of a service contract. The court may also award attorney’s fees to a successful consumer litigant.
The warranty must be written in simple and readily understood language, and must be labeled as “full” or “limited.”
• Written Warranties
• Spoken Warranties
• Implied Warranties
• Service Contracts
• Third Party Service Contracts in New York
• Advertisements
• Advertising Warranties Covered by the Pre-Sale Availability Rule
• Advertising a Satisfaction Guarantee
• Advertising a Lifetime Warranty or Guarantee
• Preventing Problems
• Remedies
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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.
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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.
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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.
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Service Contracts
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 period of time. Warranties, however, are included in the price of the product; service contracts cost 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.
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Third Party Service Contracts in New York
Since 1997, New York State has permitted third party service contract sales.
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Advertisements
The Magnuson-Moss Warranty Act does not cover the advertising of warranties. However, warranty advertising falls within the scope of the FTC Act, which generally prohibits “unfair or deceptive acts or practices in or affecting commerce.” Therefore, it is a violation of the FTC Act to advertise a warranty deceptively.
The FTC’s Guide for the Advertising of Warranties and Guarantees[2] provide guidelines for advertising warranties. The Guides cover three principal topics: how to advertise a warranty that is covered by the Pre-Sale Availability Rule; how to advertise a satisfaction guarantee; and how to advertise a lifetime guarantee or warranty.
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Advertising Warranties Covered by the Pre-Sale Availability Rule
In general, the Guides advise that if a print or broadcast ad for a consumer product mentions a warranty, and the advertised product is covered by the Pre-Sale Availability Rule (that is, the product is sold in stores for more than $15) the ad should inform consumers that a copy of the warranty is available to read prior to sale at the place where the product is sold. Print or broadcast advertisements that mention a warranty on any consumer product that can be purchased through the mail or by telephone should inform consumers how to get a copy of the warranty.
For advertisements of consumer products costing $15 or less, the Guides do not call for the pre-sale availability disclosure. Instead, the Guides advise that the FTC’s legal decisions and policy statements are the sole sources of guidance on how to avoid unfairness or deception in advertising warranties. Consult your attorney for assistance in researching and applying the FTC’s case decisions and policy statements.
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Advertising a Satisfaction Guarantee
The Guides advise that, regardless of the price of the product, advertising terms such as “satisfaction guaranteed” or “money back guarantee” should be used only if the advertiser is willing to provide full refunds to customers when, for any reason, they return the merchandise.
The Guides further advise that an ad mentioning a satisfaction guarantee or similar offer should inform consumers of any material conditions or limitations on the offer. For example, a restriction on the offer to a specific time period, such as 30 days, is a material condition that should be disclosed.
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Advertising a Lifetime Warranty or Guarantee
“Lifetime” warranties or guarantees can be a source of confusion for consumers. This is because it is often difficult to tell just whose life measures the period of coverage. “Lifetime” can be used in at least three ways. For example, a warrantor of an auto muffler may intend his “lifetime” warranty’s duration to be for the life of the car on which the muffler is installed. In this case, the muffler warranty would be transferable to subsequent owners of the car and would remain in effect throughout the car’s useful life.
Or the warrantor of the muffler might intend a “lifetime” warranty to last as long as the original purchaser of the muffler owns the car on which the muffler is installed. Although commonly used, this is an inaccurate application of the term “lifetime.”
Finally, “lifetime” can be used to describe a warranty that lasts as long as the original purchaser of the product lives. This is probably the least common usage of the term.
The Guides advise that to avoid confusing consumers about the duration of a “lifetime” warranty or guarantee, ads should tell consumers which “life” measures the warranty’s duration. In that way, consumers will know which meaning of the term “lifetime” is intended.
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Preventing Problems
To minimize problems, read the warranty before you buy. Understand exactly what protection the warranty gives you.
Consider the reputation of the company offering the warranty. 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.
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Remedies
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 was not designed for, or assume warranty coverage that was never promised in writing. A warranty does not mean that you will 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 this Manual’s sample complaint letter).
Contact your state or local consumer protection office (see this Manual’s Appendix for addresses and telephone numbers). They can help you if you can not 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 $3,000, you can usually file a lawsuit in small claims court. The costs are relatively low, procedures are simple, and lawyers usually are not needed. (See this Manual’s chapter on Small Claims Court for more information.)
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.
Portions of this chapter were excerpted from the FTC publication “Warranties” (May 1998).
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[1] 15 USC §§ 2301-2312
[2] 16 C.F.R. Part 239 (2004).
Last Modified: May 24, 2005
Injen +rep would be nice!
Need Help, anybody with an 01 0r 02 tranny problem 
