Magnuson-Moss Warranty Act

Magnuson-Moss Warranty Act

FTC enforces; Attorney general or consumer can bring action.

Modifies UCC for consumer sales.

Only applies when written warranties are made by Seller (including a service contract).

§ If goods > $10 label “full” or “limited.”

§ If goods > $15 Seller must make additional disclosures.

Full Warranty: Seller must repair or replace.

Limited Warranty must be conspicuous.

§ If limit of time only must say, e.g., “full twelve-month warranty.”

UCC Implied Warranties:

§ May not be disclaimed, but can be limited, but must correspond with time of express warranty.

Warranties under the CISG

Art. 35: uses the word “conformity” instead of warranty, but very similar to UCC.