Parties "Actually Making" a Written Warranty
700.4 Parties "actually making" a Written Warranty
Section 110(f) of the Act, 15 U.S.C. 2310(f), provides that only the supplier “actually making” a written warranty is liable for purposes of FTC and private enforcement of the Act. A supplier who does no more than distribute or sell a consumer product covered by a written warranty offered by another person or business and which identifies that person or business as the warrantor is not liable for the failure of the written warranty to comply with the Act or rules thereunder. However, other actions and written and oral representations of such a supplier in connection with the offer or sale of a warranted product may obligate that supplier under the Act. If under State law the supplier is deemed to have “adopted” the written affirmation of fact, promise, or undertaking, the supplier is also obligated under the Act. Suppliers are advised to consult State law to determine those actions and representations which may make them co-warrantors, and therefore obligated under the warranty of the other person or business.
700.1 Products Covered
700.2 Date of Manufacturer
700.3 Written Warranty
700.4 Parties "actually making" a Written Warranty
700.5 Expressions of General Policy
700.6 Designation of Warranties
700.7 Use of Warranty Registration Cards
700.8 Warrantor's decision as Final
700.9 Duty to install under a full warranty
700.10 Prohibited Tying
700.11 Written Warranty, Service Contract, and insurance distinguished for purposes of compliance under the Act
700.12 Effective Date of 16 CFR parts 701 and 702