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Questions about Warranty Act and Laws

What is the Magnuson–Moss Warranty Act?

The Magnuson–Moss Warranty Act (P.L. 93-637) is a United States federal law, (15 U.S.C. § 2301 et seq.). Passed in nineteen seventy-five, it is the federal statute that governs guarantee on consumer products. The Act was supported by Senator Warren G. Magnuson of the state of Washington and U.S. Rep John E. Moss of the state of California, each of them are Democrats, along with Senator Frank Moss of the state of Utah, that co-sponsored it with Magnuson. The purpose of the bill was to make warranties on consumer products easier to understand and enforce and to give the Federal Trade Commission the means to better protect the consumers.

What is a Breach of Warranty?

A Breach of warranty is an infringement of a contract among a vendor and a purchaser as to the condition, content, value, quality or title of the item sold. For additional question individual could ask a Lawyer for insights and solutions to their problems.

What is an Implied Warranty?

An Implied warranty in common law jurisdictions, an implied warranty is a contract law expression for definite declaration that are presumed to be made in the sale of merchandise or real property, due to the conditions of the sale. These assurances are characterized as warranties irrespective of whether the vendor has specifically guaranteed them verbally or in writing. They contain an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for merchandise, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a residence.

Which county can a party file an action to have a warranty related matter resolved when a car engine fails, installer refused to replace, repair or refund?

Case Details: The warranty was worded as follows: "Replaced with a pre-owned 52k engine carrying a 6 month, unlimited mileage, parts and labor warranty." Since the warranty makes no exceptions it has to be honored or the party’s money refunded. The event in question took place in the state of Georgia; however, party lives in DeKalb County and provider did the work at heir shop in Cob County.

Prior to filing a lawsuit, the individual needs to get in touch with the Attorney General's Consumer Protection unit, since in the federal Magnusson Moss Warranty Act they have a service where they are obligated to help mediate all warranty arguments. If the Attorney General's office cannot successfully medicate this warranty argument, then the individual will file a lawsuit in Cobb County where the shop is positioned.

A Warranty Act can lead to many questions. Experts frequently answer questions on a wide range of topics like Magnusson-moss warranty act, implied warranty, breach of warranty and more. Whether you are unsure of the provision of law, need a second opinion or a clarification, all you need to do is ask a Expert for quick and affordable answers.
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Recent Warranty Questions

  • Question: Note: It might be cleaner to take these three items

    Question: Note: It might be cleaner to take these three items out of the equation: A. it is an insurance company requesting the equipment to determine cause of loss. B It’s the insurance company returning it to Insured, C. Policy expired after request of equipment and prior to shipping it back, and D. Policy says “in transit” is $10K limit, but never contemplated that the insurance company itself would be the source.
    Realistically, you could substitute Apple, Dell or any company that assess whether something is covered under their warranty. Customer ships to them, Apple or Dell ship it back to customer, damaged in shipping.
    I really want a clear black and white answer before taking the complexities and relationships between Insurance Co and the Insured into account.
    Here it is:
    1. Summer: Insurance Co requests equipment to be shipped to them to determine whether customer is covered for a loss. Hard drives are covered, equipment declared “fine.”
    2. Fall: Insurance Company returns equipment to Insured via a carrier of its election, UPS “pack and care” and at an insured rate determined by Insurance co. (too low).
    Policy no longer in effect at time of shipment, and mangling of servers from shipment is not proximate in timing to failure of servers 11 months earlier.
    3. Equipment is delivered significantly damaged to Insured, as concurred by all parties. Insured’s policy with Insurance Co lapsed prior to equipment being shipped back.
    Who does Insured go after?
    A. UPS says they’re liable only for the $4000 per box purchased by Insurance Co and to go after Hartford.
    B. Insurance Co says “go chase UPS.” Terminated policy is not cited. Insurance Co position is that it left their care custody and control, and they’re thusly off the hook once they handed it over a known commercial carrier.
    C. If insurance co, is this more of a liability claim against the insurance company that a claim against the policy? If so, it that better for the Insured? Might there be a third party company that insures Insurance Co against those losses.
    The policy, which contradicts itself, says in a relevant section that there’s a $10,000 in-transit limit.
    Insured does NOT want that applied unless it’s handled as a separate claim, which pay exponentially more than if coupled with first covered loss. If we couldn’t get around that, then the lapse in policy could make it into a bigger civil matter.
    Company estimates up to $1million to recover lost data, and under $100,000 for replacing equipment.
    Who’s liability is it? Is it ultimately under Insurance Co care, custody and control, or is it Company of the hook if handed to a commercial carrier?
    My understanding is that if a customer BUYS something, then Seller is responsible for Buyer to receive in appropriate condition.
    Is this different?
  • Bought a Volvo in SD. Less than a month later, while still

    Bought a Volvo in SD. Less than a month later, while still under dealer (& manufacturers) warranty, alternator goes out. Car has to be sent to nearest Volvo dealership in CO. Dealer in SD (not Volvo) agrees to pay to ship car back from CO. The day I was informed it was fixed by CO dealer, I notified SD dealer. Was told it would be back to me in 2-3 days at the most. 5 days later I called to see where it was and was told it wasn't scheduled for pick up and now wouldn't arrive for 4-5 more days. 5 days pass and CO dealer calls, informs me transportation was scheduled for that day by SD dealer and that car was badly damaged by hail. Hail storm was 7 days after SD dealer was informed it was ready and they told me 2-3 days tops. They never scheduled transportation like they said they would initially. If they had, car would have been home and not suffered hail damage. Is the SD dealer reliable for repairs and depreciation of value of car due to required damage disclosure. Even after fixed, car is now not worth what I owe.
  • in arizona re an llc - if i file an article of amendment with

    in arizona re an llc - if i file an article of amendment with the Arizona Corporation Commission removing a member from the llc -- is that enough to relinquish this person from all assets or liabilities once he is removed? If not what do i need to do?

    my husband and i are divorcing and i don't want him or I to be on each other's llc's anymore. We are both currently on two llc's together -- one is active - the other isn't.
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