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Warranties: Become a knowledgeable consumer

  • Published
  • By Air Force Capt. Eric Mann
  • 87th Air Base Wing/Judge Advocate
JOINT BASE MCGUIRE-DIX-LAKEHURST, N.J. --  Before you make a major purchase, there is an important promise you should read. It is called the warranty--the manufacturer's or seller's promise to stand behind a product. Warranties vary in the amount of coverage they provide. So, just as you compare the style, price and other characteristics of competing products before you buy, also compare their warranties.

Written Warranties
Written warranties come with most major purchases, although this is not legally required. The protection offered by written warranties varies greatly, so it is important to compare warranties before making a purchase. Here are some questions to keep in mind when comparing warranties.
1. What parts and repair problems are covered by the warranty?
Check to see if any parts of the product or types of repair problems are excluded from coverage.
2. Are any expenses excluded from coverage?
Some warranties require you to pay for labor charges.
3. How long does the warranty last?
Check the warranty to see when it expires.
4. What will you have to do to get repairs?
Look for conditions that could prove expensive, such as a requirement that you ship a heavy object to a factory for servicing.
5. What will the company do if the product fails?
Find out if the company will repair it, replace it, or return your money.
6. Does the warranty cover "consequential damages?"
Many warranties do not cover consequential damages. This means that the company will not pay for any damage the product caused, or your time and expense in getting the damage repaired. For example, if your freezer breaks and the food spoils, the company will not pay for the food you lost.
7. Are there any conditions or limitations on the warranty?
Some warranties will only provide coverage if you maintain or use the product as directed. For example, a warranty may cover only personal uses--as opposed to business uses--of the product. Make sure the warranty will meet your needs.

Spoken Warranties
Sometimes a salesperson will make an oral promise, for example, that the store will provide free repairs. However, if this claim is not in writing, you may not be able to get the promised service. Have the salesperson put the promise in writing, or do not count on the service.
 
Implied Warranties
Although written warranties are not required by law, there is another type of warranty that is. It is called an implied warranty. State law creates implied warranties, and all states have them. Almost every purchase you make is covered by an implied warranty. The most common type of implied warranty is called a warranty of merchantability. This means that the seller promises that the product will do what it is supposed to do. For example, a car will run, and a toaster will toast. If your purchase does not come with a written warranty, it is generally still covered by implied warranties unless the product is marked "as is," or the seller otherwise indicates in writing that no warranty is given.  Some states do not permit "as is" sales.

If problems arise that are not covered by the written warranty, you should investigate the protection given by your implied warranty.  Implied warranty coverage can last as long as four years, although the length of coverage varies from state to state. A lawyer or a state consumer protection office can provide more information about implied warranty coverage in your state.

Preventing Problems
To minimize the chance of a problem with your warranty, take these precautions:
· Research the reputation of the company offering the warranty with local or state consumer protection offices or the Better Business Bureau. A warranty is only as good as the company that offers it.
· Before you buy, read the warranty. See exactly what protection the warranty gives you.
· Save the sales slip and file it with your warranty. You may need it to document the date of your purchase or, in the case of a warranty limited to first purchasers, to prove that you were the original buyer.
· Perform any maintenance or inspections required by the warranty.
· Use the product according to the manufacturer's instructions. Abuse or misuse of the product may cancel your warranty coverage.

Resolving Disputes
If you are faced with any problems with a product or with obtaining the promised warranty service, here are some steps you can take:
· Read the instructions and warranty carefully. They'll tell you what to do and who to contact.
· Discuss your complaint with the seller. Disputes are usually resolved at this level. If this fails, write the manufacturer. Send all letters by certified mail and keep copies.
· Consult your base legal office. There you will find numbers for consumer protection agencies and advice regarding other options such as pursuing a case in small claims court.

If you have any questions about a warranty or need assistance resolving a dispute, please contact the JAG office at (609) 754-2010 to schedule an appointment. You may also attend walk-in legal assistance at the JAG office from 9 to 11a.m. every Tuesday.