Warranty Rights
This information comes from our friends at Nolo Press. For more information or to order this book, visit Nolo's site at http://www.nolo.com.
1. When I buy something, is it covered by a warranty?
Generally, yes. A warranty (also called a guarantee) is an assurance about the quality of goods or services you buy, and is intended to give you recourse if something you purchase fails to live up to what you were promised.Some warranties are implied and some are expressed. Virtually everything you buy comes with two implied warranties-one for "merchantability" and one for "fitness." The implied warranty of merchantability is an assurance that a new item will work if you use it for a reasonably expected purpose. For used items, the warranty of merchantability is a promise that the product will work as expected, given its age and condition. The implied warranty of fitness applies when you buy an item with a specific (even unusual) purpose in mind. If you related your specific needs to the seller, the implied warranty of fitness assures you that the item will fill your need.
Most expressed warranties state something such as "the product is warranted against defects in materials or workmanship" for a specified time. You are not automatically entitled to an expressed warranty. Most expressed warranties either come directly from the manufacturer or are included in the sales contract you sign with the seller. But an expressed warranty may be a feature in an advertisement or on a sign in the store ("all dresses 100% silk"), or it may even be an oral description of a product's features.
2. How long does a warranty last?
In most states, an implied warranty lasts forever. In a few states, however, the implied warranty lasts only as long as any expressed warranty that comes with a product. In these states, if there is no expressed warranty, the implied warranty lasts forever.3. How do I enforce a warranty if something is wrong with what I bought?
Most of the time, a defect in an item will show up immediately and you can ask the seller or manufacturer to fix or replace it. If he won't, or if he tries only once and the fixed or replaced item is still defective, you can withhold payment (or refuse to pay a credit card charge). If you are uncomfortable doing this or have already paid for the item, call the seller and try to work out an arrangement. If he refuses, try to mediate the dispute through a community or Better Business Bureau mediation program.If you can't get anywhere informally, you can sue. In most states, you must sue the seller or manufacturer within four years of when you discovered the defect, if the seller or manufacturer won't make good under a warranty.
4. Do I have any recourse if the item breaks after the warranty expires?
In most states, if the item gave you some trouble while it was under the warranty (and you had it repaired by someone authorized by the manufacturer to make repairs), the manufacturer must extend your original warranty for the amount of time the item sat in the shop. Call the manufacturer and ask to speak to the department that handles warranties.If your product was trouble-free during the warranty period, the manufacturer may offer a free repair for a problem that arose after the warranty expired if the problem is a widespread one. Many manufacturers have secret "fix it" lists-items with defects that don't affect safety and therefore don't require a recall, but that the manufacturer will repair for free. It can't hurt to call and ask.
5. I just bought a stereo system and salesclerk tried to sell me an extended warranty contract. Should I have bought it?
Probably not. Merchants encourage consumers to buy extended warranties (also called service contracts) when buying autos, appliances or electronic items because they are a source of big profits for stores, which pocket up to 50% of the amount you pay.Rarely will you have the chance to exercise your rights under an extended warranty. Name-brand electronic equipment and appliances usually don't break down during the first few years (and if they do they're covered by the original warranty), and often have a life span well-beyond the length of the extended warranty.
