This part full and part limited multiple warranty is a pro rata warranty-- one which provides a refund or credit that decreases during the life of the product according to a formula. Notice that the formula is carefully spelled out. The warranty specifies that during the initial period of full coverage the customer has a right to a replacement or a refund. The remainder of the warranty is limited because the customer can get only a partial credit. What the Terms "Full" and "Limited" Mean Determining whether your warranty is a "full" or a "limited" warranty is not difficult.
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This part full and part limited multiple warranty is a pro rata warranty-- one which provides a refund or credit that decreases during the life of the product according to a formula.
Notice that the formula is carefully spelled out. The warranty specifies that during the initial period of full coverage the customer has a right to a replacement or a refund. The remainder of the warranty is limited because the customer can get only a partial credit.
What the Terms "Full" and "Limited" Mean Determining whether your warranty is a "full" or a "limited" warranty is not difficult. You provide warranty service to anyone who owns the product during the warranty period. You provide warranty service free of charge. You do not require consumers to perform any duty as a precondition for receiving service, except notifying you that service is needed, unless you can demonstrate that the duty is reasonable. If any of these statements is not true, then your warranty is "limited.
Counterpoint Carpet Corp. Full Five Year Warranty What is Covered This warranty covers any defects in materials or workmanship, including installation, with the exceptions stated below. How Long Coverage Lasts This warranty runs for five years from the date your carpet is installed. What is not covered This warranty does not cover fading or discoloration caused by exposure to sunlight or chemicals such as ammonia, laundry detergent, or household bleach. For information on how to prevent fading or discoloration, consult our manual "Care Tips From Counterpoint Carpet," available free from your Counterpoint dealer.
What Counterpoint Will Do Counterpoint will repair any carpet that proves to be defective in materials or workmanship. In the event repair is not possible, Counterpoint will either replace your carpet with new carpet of similar composition and price, or refund the full purchase price of your carpet, whichever you prefer.
A service representative will come to your home and take any necessary action to correct problems covered by this warranty. How State Law Applies This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Rather than adopting warranty terms just because they are common in your industry, let your experience guide you.
For example, a limit on the duration of implied warranties may be the only provision that would prevent your written warranty from being "full" If your experience indicates that you do not really need this restriction, you may wish to consult your attorney and eliminate it.
Avoid confusing the legal and ordinary meanings. This warranty covers any defects or malfunctions in your new Magnifisound hearing aid.
This warranty lasts as long as you own your Magnifisound aid. Coverage terminates if you sell or otherwise transfer the aid. What Will Magnifisound Do? Magnifisound will replace any defective or malfunctioning part at no charge. You must pay any labor charges. Batteries, or any problem that is caused by abuse, misuse, or an act of God such as a flood are not covered.
Also, consequential and incidental damages are not recoverable under this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. How Do You Get Service? In order to be eligible for service under this warranty you MUST return the warranty registration card attached below within 30 days of purchasing the aid. If something goes wrong with your aid, send it postage paid with a brief written description of the problem to: Magnifisound Corp.
Box Auditory, Ohio We will inspect your aid and contact you within 72 hours to give the results of our inspection and an estimate of the labor charges required to fix the aid. If you authorize repairs, we will return the repaired aid to you COD within 72 hours. You must pay any labor charges upon receipt of the repaired aid. If you inform us that you wish us to provide necessary parts to you but you wish to have repairs performed elsewhere, we will return the aid and replacement parts to you within 72 hours.
There is no charge for inspection. How Does State Law Apply? This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
What Black Star Will Do: Provide free new or rebuilt replacement parts, but not labor to install the parts. Any servicer you choose can do service during this period. Your Rights Under State Law: This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
The address of the dealer near you is listed on the other side of this document How State Law Relates to this Warranty This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Written warranties must be available for customers to read before buying.
You can display warranties any way you choose, or post signs and have the warranties ready to give customers when they ask to see them. Mail Order and Door-to-Door companies have different modes of compliance from in-store retailers.
Warrantors must provide warranty materials to their retailers. The Rule has provisions that specify what retailers, including mail order, catalog, and door-to-door sellers, must do to accomplish this. The Rule also specifies what warrantors must do so that sellers can meet their obligations under the Rule. These provisions are explained in this section.
What Retailers Must Do If you sell directly to consumers who come to your place of business to buy, you must make written warranties available at the point of sale. You must do this with all written warranties on the products you sell. The Pre-Sale Availability Rule requires that sellers make warranties readily available to prospective buyers either by displaying them in close proximity to the warranted products, or by furnishing them upon request prior to sale and posting prominent signs to let customers know that warranties can be examined upon request.
If the warrantor has supplied the warranty by posting it on the internet, the seller may provide it to prospective buyers in an electronic format. The Rule does not specify any particular method for fulfilling its requirements. For example, an appliance retailer might post a refrigerator warranty on the front of the appliance, or in the freezer compartment.
Or, a retailer of small products, such as watches or electric razors, might keep the warranties readily available behind the counter, or keep them indexed in a binder near the warranted products, and post signs stating their availability.
Any of these methods is acceptable. What Mail Order Companies Must Do If you accept orders for warranted consumer products through the mail or by telephone, your catalog or other advertising must include either the warranty or a statement telling consumers how to get a copy.
This information should be near the product description or clearly noted on a separate page. If you choose the latter, you must provide a page reference to the warranty statement near the product description. What Door-to-Door Sales If you sell warranted products to consumers in their homes, or in some place other than your place of business, you must offer the customer copies of the written warranties before the sale is completed.
As long as you have provided retailers with the warranty materials they need to comply with the rule, you are not legally responsible if they fail to make your warranties available. What Door-to-Door Sales Companies Must Do If you sell warranted products to consumers in their homes, or in some place other than your place of business, you must offer the customer copies of the written warranties before the sale is completed.
If the warrantor has supplied the warranty by posting it on the internet, the door-to-door seller may provide it to prospective buyers in an electronic format. What Warrantors Must Do If you offer written warranties for your products, you must either post the warranty terms for the specific product on an internet website in a clear and conspicuous manner and provide a non-internet based method for consumers and sellers to obtain the warranty terms, or provide retailers of your product with the warranty materials they will need to meet their pre-sale obligations, as described above.
Magnuson-Moss Warranty Act
The legislative history indicates that the purpose of the act is to make warranties on consumer products more readily understood and enforceable and to provide the Federal Trade Commission with means to better protect consumers. Magnuson of Washington and U. Representative John E. The statute is remedial and is intended to protect consumers from deceptive warranty practices. Consumer products are not required to have warranties, but if one is given, it must comply with the Magnuson-Moss Act. Definitions used[ edit ] The Magnuson—Moss Act contains many definitions: A "consumer" is a buyer of consumer goods for personal use.
Magnuson–Moss Warranty Act
Businessperson's Guide to Federal Warranty Law