Definitions Of Terms | Car Lemon Law

Definitions Of Terms

Each term under the Magnusson-Moss Act is defined so that it is clear what each element means and there can be no room for manoeuvre or claim that the wording was not understood.

Consumer: The buyer of consumer goods of any kind for personal use. Someone who buys items and then sells them on is not a consumer.

Supplier: Any person who is in the business of making a consumer product available to consumers, either directly or indirectly. This may be a retailer, wholesaler, manufacturer or other vendor.

Warrantor: A supplier or other person who gives or offers a written warranty or who has some obligation under an implied warranty.

Consumer product: Any item of property that is sold and normally used for personal, family or household use. The determination of what constitutes a consumer product is carried out on a case-by-case basis through factual findings.

Written warranty: Also called an express warranty, this is a written promise made in connection with the sale of a consumer product by a supplier to a consumer. It can cover elements such as the material and workmanship and confirms that the product is defect-free and will meet a certain standard of performance over a specified timeframe.

Implied warranty: These are defined by the state laws and the Act sets out limitations on disclaimers and details how violations can be remedied.

Full warranty: This is a warranty that meets the full federal minimum standards. These warranties must be “conspicuously designated“ as such and meet a set of five conditions regarding the duration, not limiting the warranty to the first purchaser, providing services free of charge, offering a replacement or refund if repair is not possible and not requiring certain conditions or duties from the consumer, except that they give notice that the warranty service is required.

Limited warranty: This type of warranty does not meet the federal minimums and has certain conditions and limitations.

Multiple warranty: This is a part full and part limited warranty.

Service contract: This is different from a warranty and does not affirm the quality or workmanship of a consumer product. It includes a written statement from a supplier who agrees to perform maintenance or repair services for a fixed period or for a specified length of time. Service contracts sold and regulated as contracts of insurance do not fall under the Act’s remit.