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When I buy something, is it covered
by a warranty?
Generally, yes. A warranty (also called a guarantee) is an assurance
about the quality of goods or services you buy. It is intended to
give you recourse if something you purchase fails to live up to
what you were promised.
Some warranties are implied and some are expressed. Virtually everything
you buy comes with two implied warranties -- one for merchantability
and one for fitness. The implied warranty of merchantability is
an assurance that a new item will work if you use it for a reasonably
expected purpose. For used items, the warranty of merchantability
is a promise that the product will work as expected, given its age
and condition. The implied warranty of fitness applies when you
buy an item with a specific (even unusual) purpose in mind. If you
related your specific needs to the seller, the implied warranty
of fitness assures you that the item will fill your need.
Most expressed warranties state something such as "the product
is warranted against defects in materials or workmanship" for
a specified time. You are not automatically entitled to an expressed
warranty. Most expressed warranties either come directly from the
manufacturer or are included in the sales contract you sign with
the seller. But an expressed warranty may be a feature in an advertisement
or on a sign in the store ("all dresses 100% silk"), or
it may even be an oral description of a product's features.
How long does a warranty last?
In most states, an implied warranty lasts forever. In a few states,
however, the implied warranty lasts only as long as any expressed
warranty that comes with a product. In these states, if there is
no expressed warranty, the implied warranty lasts forever.
Do I have any recourse if the item breaks after the warranty
expires?
In most states, if the item gave you some trouble while it was
under the warranty (and you had it repaired by someone authorized
by the manufacturer to make repairs), the manufacturer must extend
your original warranty for the amount of time the item sat in the
shop. Call the manufacturer and ask to speak to the department that
handles warranties.
If your product was trouble-free during the warranty period, the
manufacturer may offer a free repair for a problem that arose after
the warranty expired if the problem is a widespread one. Many manufacturers
have secret fix-it lists -- items with defects that don't affect
safety and therefore don't require a recall, but that the manufacturer
will repair for free. It can't hurt to call and ask.
How I just bought a stereo system, and the
salesclerk tried to sell me an extended warranty contract. Should
I have bought the contract?
Probably not. Merchants encourage consumers
to buy extended warranties (also called service contracts) when
buying autos, appliances or electronic items because these warranties
are a source of big profits for stores, which pocket up to 50% of
the amount you pay.
Rarely will you have the chance to exercise your rights under an
extended warranty. Name-brand electronic equipment and appliances
usually don't break down during the first few years (and if they
do they're covered by the original warranty), and often have a life
span well-beyond the length of the extended warranty.
To find a lawyer
in your area, union members can complete the online form.
Source: Reprinted with permission from the publisher, Nolo,
Copyright 2002, http://www.nolo.com
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