Key Takeaways:

  • A manufacturer warranty is a promise from a seller or automaker that a product will function as intended for a specified period, often covering defects and repairs.
  • Types of Manufacturer Warranties: Express, extended, and implied warranties are the most common. Implied warranties guarantee the product is fit for its intended use.
  • Warranty Coverage varies based on the product, often covering parts and repairs but excluding misuse, accidents, or unauthorized modifications.
  • Automobile Manufacturer Warranties: Typically include bumper-to-bumper, powertrain, and corrosion coverage, with specific durations and mileage limits.
  • Claim Process: Understanding how to file a claim is critical, as delays or improper documentation can result in denied claims.
  • Extended Warranties and Service Contracts differ from manufacturer warranties as they often require additional purchase and may have varying terms.
  • Warranty Exclusions: Common exclusions include wear-and-tear, misuse, or repairs by unauthorized parties.
  • Consumer Protection Laws such as the Magnuson-Moss Warranty Act and Uniform Commercial Code ensure warranty fairness and recourse for consumers.
  • Finding Legal Assistance: Consumers facing warranty disputes can seek legal help through platforms like UpCounsel to connect with experienced attorneys.

Manufacturer Warranty Law

Manufacturer warranty law, governed by the UCC, the Magnuson-Moss Warranty Act, and the FTC rules, covers retailers’ express or implied guarantees of a product’s quality and/or reliability. The seller is promising that the product will perform as described. If the product breaks or does not work as promised, then it has failed to meet the warranty’s requirements. The consumer or purchaser may, under the warranty, be able to return the item for a refund, receive a replacement, or have the item repaired for free.

There are three ways that a warranty can be communicated:

  1. Express Warranty: A written or spoken claim about a product's quality, often found in advertisements or packaging.
  2. Extended Warranty: Additional coverage purchased separately, usually after the initial purchase.
  3. Implied Warranty: An automatic, legally recognized guarantee that the product will function as intended.

Warranties vary in coverage. A lifetime warranty typically lasts for the usable life of the product, as defined by the manufacturer, rather than the consumer’s lifetime. Some are limited to a few days. Some warranties cover all types of damages that may occur to the product. Others are limited to very specific types of defects found.

Certain activities, such as misuse of a product, can invalidate a warranty, negating your ability to return the product if it is defective. Understanding a) how the warranty was communicated and b) what the warranty covers will help you understand when/if you can return a product if it is damaged or defective.

Common Types of Manufacturer Warranties

Manufacturer warranties vary widely based on the type of product and the manufacturer’s policies. The most common types include:

  • Bumper-to-Bumper Warranty (Automobiles): Covers most vehicle components but excludes wear-and-tear items like brakes and tires. Typically lasts for three years or 36,000 miles.
  • Powertrain Warranty: Covers the engine, transmission, and other key drivetrain components. Often extends beyond the bumper-to-bumper warranty, sometimes lasting up to 10 years or 100,000 miles.
  • Corrosion or Rust Warranty: Covers rust-through issues on a vehicle’s body panels. Coverage usually lasts for five to seven years.
  • Parts Warranty: Covers specific parts like batteries, tires, or accessories, each with its own terms.
  • Limited Warranty: Covers specific defects but may exclude labor costs or certain parts.
  • Lifetime Warranty: Covers certain components for the product’s lifetime but often requires proper maintenance records.
  • Extended Warranty: Purchased separately to extend coverage beyond the manufacturer’s initial warranty period.

Understanding the type of manufacturer warranty on your product ensures you know what repairs or replacements are covered.

Written Warranty Requirements

The requirements for all written warranties are as follows:

  1. Be written in non-legalese plain language in a single, clear, and easily readable and available document
  2. Include the name and address of the seller
  3. Delineate the product or parts covered by the warranty
  4. Specify as to whether the warranty provides for a refund, replacement, or repair
  5. Express whether the customer is responsible for any costs related to refund, replacement, or repair
  6. Identify how long after the purchase date the warranty extends
    • If the products cost more than $10, warrantors must “title” a written warranty as either “full” or “limited”
  7. Include information as to what type of product use invalidates the warranty: illegal, improper, etc.
  8. Any dispute resolution or arbitration clauses, if necessary
  9. Include clear information regarding the buyer's legal rights
    • The Act promotes resolving disputes informally, but it also makes it easy for buyers to sue for breach of warranty in court.

Once a merchant offers a written warranty, they are required to follow the Magnuson-Moss Warranty Act’s provisions. Merchants do not have to do so for:

  1. Oral warranties
  2. Service warranties
  3. Products resold to other merchants

Filing a Manufacturer Warranty Claim

Knowing how to properly file a manufacturer warranty claim can save time and prevent frustration. Follow these steps:

  1. Review the Warranty Document: Understand the coverage details, time limits, and any exclusions.
  2. Gather Documentation:
    • Proof of purchase (receipt or invoice)
    • Warranty certificate
    • Maintenance records (especially for vehicles)
    • Photos of the defect (if applicable)
  3. Contact the Manufacturer or Seller:
    • Use the contact information provided in the warranty.
    • Provide all necessary documentation and explain the issue clearly.
  4. Follow Repair or Replacement Instructions:
    • Some manufacturers require authorized service centers.
    • Repairs from unauthorized providers may void the warranty.
  5. Escalate if Necessary:
    • If the claim is denied, request a written explanation.
    • Contact the manufacturer’s customer service or a legal advisor.
    • You may seek legal help through UpCounsel to evaluate your case.

Implied Warranty of Merchantability

No matter how narrowly a written warranty is, buyers virtually always have the basic protection of the implied warranty of merchantability guaranteeing the product will work as described, free of substantial defects, and will function properly for a reasonable period of time depending on the type of product and the cost. This protection is provided automatically by the UCC. Implied warranties typically apply for four years after purchase. However, a "limited" written warranty, may limit the duration of the implied warranty of merchantability to the duration of the limited warranty.

Implied warranties apply only to products sold by retailers. Private sellers are not bound by implied warranties.

Warranty Exclusions and Limitations

Manufacturer warranties often contain exclusions and limitations that reduce the scope of coverage. Common exclusions include:

  • Normal Wear-and-Tear: Items like brake pads, tires, or filters are typically not covered.
  • Misuse or Neglect: Improper use, accidents, or failure to perform routine maintenance may void the warranty.
  • Unauthorized Repairs: Repairs conducted by non-authorized providers can invalidate the warranty.
  • Environmental Damage: Corrosion from salt exposure, flooding, or natural disasters may be excluded.
  • Commercial Use: Products used for commercial purposes may not be covered unless specified.

Review the warranty’s fine print to understand these exclusions and avoid coverage disputes.

Invalidated Warranty

The following are prohibited or will invalidate the warranty if included:

  1. Deceptive or misleading terms in the warranty
  2. A warranty seeming to provide coverage but doesn't actually
  3. A warranty promising a service that the warrantor has no intention of providing
  4. A warranty promising a service that the warrantor can't provide
  5. Including “as is” will invalidate implied warranties

If a claim against a manufacturer is brought after the warranty expires, the warranty is typically invalidated. A warranty will also be invalidated if:

  1. The problem with the product was not designated in the warranty
  2. The product failure is caused by the buyer’s improper use (see above)
  3. Someone who is not the original buyer brings the claim

Extended Warranties vs. Manufacturer Warranties

While manufacturer warranties cover defects for a limited time, extended warranties and service contracts offer additional protection. Key differences include:

  • Extended Warranties: Purchased separately, often through a third-party provider. They can extend coverage beyond the manufacturer’s initial period but may come with more restrictions.
  • Service Contracts: Agreements to cover repairs or maintenance for a set period. These often cover more items but may have higher costs and deductibles.
  • Cost Considerations: Extended warranties can be costly and may overlap with existing coverage, so review your manufacturer warranty before purchasing.
  • Claims Process: Service contracts may require pre-approval for repairs and could limit repair locations.

Extended warranties can offer peace of mind, but consumers should weigh the costs against potential repair expenses.

Frequently Asked Questions:

  1. What does a manufacturer warranty usually cover?
    • It typically covers defects in materials or workmanship, often including parts and labor for repairs.
  2. How long does a manufacturer warranty last?
    • Coverage varies but is often between one to three years. Some vehicle powertrain warranties extend up to 10 years.
  3. Can a manufacturer warranty be transferred to a new owner?
    • Some warranties are transferable, especially vehicle warranties, but conditions vary.
  4. What voids a manufacturer warranty?
    • Misuse, unauthorized repairs, lack of maintenance, and modifications can void the warranty.
  5. Is an extended warranty worth it?
    • It depends on the product, repair costs, and personal risk tolerance. Extended warranties can provide peace of mind but may not always be necessary.

If you need more help with manufacturer warranty law, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.