US Code - Title 15, Chapter
50, Sections 2301-2312
Legally,
a vehicle manufacturer cannot void the warranty on a vehicle
due to an aftermarket part unless they can prove that the
aftermarket part caused or contributed to the failure in the
vehicle (per the Magnuson Moss Warranty Act (15 U.S.C. 2302(C))
. For best results, consider working with performance-oriented
dealerships with a proven history of working with customers.
If your vehicle manufacturer fails to honor emission/warranty
claims, contact EPA at (202) 260-2080 or www.epa.gov.
If federal warranty protection is denied, contact the FTC
at (202) 326-3128 or www.ftc.gov.
For additional information, check out the following links:
1. Consumers Bill of Rights
2. What You Can Do If Your Warranty Is Denied
3. Federal Warranty Laws
4. Vehicle Manufacturer Warranty Contact Phone Numbers
Section 2301. Definitions
(1) The term "consumer product"
means any tangible personal property which is distributed in commerce
and which is normally used for personal, family, or household purposes
(including any such property intended to be attached to or installed
in any real property without regard to whether it is so attached
or installed).
(2) The term "Commission"
means the Federal Trade Commission.
(3) The term "consumer" means
a buyer (other than for purposes of resale) of any consumer product,
any person to whom such product is transferred during the duration
of an implied or written warranty (or service contract) applicable
to the product, and any other person who is entitled by the terms
of such warranty (or service contract) or under applicable State
law to enforce against the warrantor (or service contractor) the
obligations of the warranty (or service contract).
(4) The term "supplier" means
any person engaged in the business of making a consumer product
directly or indirectly available to consumers.
(5) The term "warrantor"
means any supplier or other person who gives or offers to give a
written warranty or who is or may be obligated under an implied
warranty.
(6) The term "written warranty"
means -
(A) any written affirmation of fact
or written promise made in connection with the sale of a consumer
product by a supplier to a buyer which relates to the nature of
the material or workmanship and affirms or promises that such
material or workmanship is defect free or will meet a specified
level of performance over a specified period of time, or
(B) any undertaking in writing in
connection with the sale by a supplier of a consumer product to
refund, repair, replace, or take other remedial action with respect
to such product in the event that such product fails to meet the
specifications set forth in the undertaking, which written affirmation,
promise, or undertaking becomes part of the basis of the bargain
between a supplier and a buyer for purposes other than resale
of such product.
(7) The term "implied warranty"
means an implied warranty arising under State law (as modified by
sections 2308 and 2304(a) of this title) in connection with the
sale by a supplier of a consumer product.
(8) The term "service contract"
means a contract in writing to perform, over a fixed period of time
or for a specified duration, services relating to the maintenance
or repair (or both) of a consumer product.
(9) The term "reasonable and necessary
maintenance" consists of those operations
(A) which the consumer reasonably
can be expected to perform or have performed and
(B) which are necessary to keep any
consumer product performing its intended function and operating
at a reasonable level of performance.
(10) The term "remedy" means
whichever of the following actions the warrantor elects:
(A) repair,
(B) replacement, or
(C) refund;
except that the warrantor may not
elect refund unless (i) the warrantor is unable to provide replacement
and repair is not commercially practicable or cannot be timely
made, or (ii) the consumer is willing to accept such refund.
(11) The term ''replacement'' means
furnishing a new consumer product which is identical or reasonably
equivalent to the warranted consumer product.
(12) The term "refund" means
refunding the actual purchase price (less reasonable depreciation
based on actual use where permitted by rules of the Commission).
(13) The term "distributed in
commerce" means sold in commerce, introduced or delivered for
introduction into commerce, or held for sale or distribution after
introduction into commerce.
(14) The term "commerce"
means trade, traffic, commerce, or transportation -
(A) between a place in a State and
any place outside thereof,
or
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(15) The term "State" means
a State, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, the Canal Zone, or American Samoa. The
term "State law" includes a law of the United States applicable
only to the District of Columbia or only to a territory or possession
of the United States; and the term "Federal law'" excludes
any State law.
Section 2302. Rules governing contents
of warranties
(a) Full and conspicuous disclosure
of terms and conditions; additional requirements for contents
In order to improve the adequacy of information available to consumers,
prevent deception, and improve competition in the marketing of
consumer products, any warrantor warranting a consumer product
to a consumer by means of a written warranty shall, to the extent
required by rules of the Commission, fully and conspicuously disclose
in simple and readily understood language the terms and conditions
of such warranty. Such rules may require inclusion in the written
warranty of any of the following items among others:
(1) The clear identification of
the names and addresses of the warrantors.
(2) The identity of the party or
parties to whom the warranty is extended.
(3) The products or parts covered.
(4) A statement of what the warrantor
will do in the event of a defect, malfunction, or failure to
conform with such written warranty - at whose expense - and
for what period of time.
(5) A statement of what the consumer
must do and expenses he must bear.
(6) Exceptions and exclusions from
the terms of the warranty.
(7) The step-by-step procedure
which the consumer should take in order to obtain performance
of any obligation under the warranty, including the identification
of any person or class of persons authorized to perform the
obligations set forth in the warranty.
(8) Information respecting the
availability of any informal dispute settlement procedure offered
by the warrantor and a recital, where the warranty so provides,
that the purchaser may be required to resort to such procedure
before pursuing any legal remedies in the courts.
(9) A brief, general description
of the legal remedies available to the consumer.
(10) The time at which the warrantor
will perform any obligations under the warranty.
(11) The period of time within
which, after notice of a defect, malfunction, or failure to
conform with the warranty, the warrantor will perform any obligations
under the warranty.
(12) The characteristics or properties
of the products, or parts thereof, that are not covered by the
warranty.
(13) The elements of the warranty
in words or phrases which would not mislead a reasonable, average
consumer as to the nature or scope of the warranty.
(b) Availability of terms to consumer;
manner and form for presentation and display of information; duration;
extension of period for written warranty or service contract
(1)
(A) The Commission shall prescribe
rules requiring that the terms of any written warranty on
a consumer product be made available to the consumer (or prospective
consumer) prior to the sale of the product to him.
(B) The Commission may prescribe
rules for determining the manner and form in which information
with respect to any written warranty of a consumer product
shall be clearly and conspicuously presented or displayed
so as not to mislead the reasonable, average consumer, when
such information is contained in advertising, labeling, point-of-sale
material, or other representations in writing.
(2) Nothing in this chapter (other
than paragraph (3) of this subsection) shall be deemed to authorize
the Commission to prescribe the duration of written warranties
given or to require that a consumer product or any of its components
be warranted.
(3) The Commission may prescribe
rules for extending the period of time a written warranty or
service contract is in effect to correspond with any period
of time in excess of a reasonable period (not less than 10 days)
during which the consumer is deprived of the use of such consumer
product by reason of failure of the product to conform with
the written warranty or by reason of the failure of the warrantor
(or service contractor) to carry out such warranty (or service
contract) within the period specified in the warranty (or service
contract).
(c) Prohibition on conditions for
written or implied warranty; waiver by Commission No warrantor
of a consumer product may condition his written or implied warranty
of such product on the consumer's using, in connection with such
product, any article or service (other than article or service
provided without charge under the terms of the warranty) which
is identified by brand, trade, or corporate name; except that
the prohibition of this subsection may be waived by the Commission
if -
(1) the warrantor satisfies the
Commission that the warranted product will function properly
only if the article or service so identified is used in connection
with the warranted product, and
(2) the Commission finds that such
a waiver is in the public interest. The Commission shall identify
in the Federal Register, and permit public comment on, all applications
for waiver of the prohibition of this subsection, and shall
publish in the Federal Register its disposition of any such
application, including the reasons therefor.
(d) Incorporation by reference of
detailed substantive warranty provisions
The Commission may by rule devise detailed substantive warranty
provisions which warrantors may incorporate by reference in their
warranties.
(e) Applicability to consumer products
costing more than $5
The provisions of this section apply only to warranties which
pertain to consumer products actually costing the consumer more
than $5.
Section 2303. Designation of written
warranties
(a) Full (statement of duration)
or limited warranty
Any warrantor warranting a consumer product by means of a written
warranty shall clearly and conspicuously designate such warranty
in the following manner, unless exempted from doing so by the
Commission pursuant to subsection (c) of this section:
(1) If the written warranty meets
the Federal minimum standards for warranty set forth in section
2304 of this title, then it shall be conspicuously designated
a ''full (statement of duration) warranty''.
(2) If the written warranty does
not meet the Federal minimum standards for warranty set forth
in section 2304 of this title, then it shall be conspicuously
designated a "limited warranty".
(b) Applicability of requirements,
standards, etc., to representations or statements of customer
satisfaction
This section and sections 2302 and 2304 of this title shall not
apply to statements or representations which are similar to expressions
of general policy concerning customer satisfaction and which are
not subject to any specific limitations.
(c) Exemptions by Commission
In addition to exercising the authority pertaining to disclosure
granted in section 2302 of this title, the Commission may by rule
determine when a written warranty does not have to be designated
either ''full (statement of duration)'' or ''limited'' in accordance
with this section.
(d) Applicability to consumer products
costing more than $10 and not designated as full warranties
The provisions of subsections (a) and (c) of this section apply
only to warranties which pertain to consumer products actually
costing the consumer more than $10 and which are not designated
"full (statement of duration) warranties".
Section 2304. Federal minimum standards
for warranties
(a) Remedies under written warranty;
duration of implied warranty; exclusion or limitation on consequential
damages for breach of written or implied warranty; election of
refund or replacement. In order for a warrantor warranting a consumer
product by means of a written warranty to meet the Federal minimum
standards for warranty -
(1) such warrantor must as a minimum
remedy such consumer product within a reasonable time and without
charge, in the case of a defect, malfunction, or failure to
conform with such written warranty;
(2) notwithstanding section 2308(b)
of this title, such warrantor may not impose any limitation
on the duration of any implied warranty on the product;
(3) such warrantor may not exclude
or limit consequential damages for breach of any written or
implied warranty on such product, unless such exclusion or limitation
conspicuously appears on the face of the warranty; and
(4) if the product (or a component
part thereof) contains a defect or malfunction after a reasonable
number of attempts by the warrantor to remedy defects or malfunctions
in such product, such warrantor must permit the consumer to
elect either a refund for, or replacement without charge of,
such product or part (as the case may be). The Commission may
by rule specify for purposes of this paragraph, what constitutes
a reasonable number of attempts to remedy particular kinds of
defects or malfunctions under different circumstances. If the
warrantor replaces a component part of a consumer product, such
replacement shall include installing the part in the product
without charge.
(b) Duties and conditions imposed
on consumer by warrantor
(1) In fulfilling the duties under
subsection (a) of this section respecting a written warranty,
the warrantor shall not impose any duty other than notification
upon any consumer as a condition of securing remedy of any consumer
product which malfunctions, is defective, or does not conform
to the written warranty, unless the warrantor has demonstrated
in a rulemaking proceeding, or can demonstrate in an administrative
or judicial enforcement proceeding (including private enforcement),
or in an informal dispute settlement proceeding, that such a
duty is reasonable.
(2) Notwithstanding paragraph (1),
a warrantor may require, as a condition to replacement of, or
refund for, any consumer product under subsection (a) of this
section, that such consumer product shall be made available
to the warrantor free and clear of liens and other encumbrances,
except as otherwise provided by rule or order of the Commission
in cases in which such a requirement would not be practicable.
(3) The Commission may, by rule
define in detail the duties set forth in subsection (a) of this
section and the applicability of such duties to warrantors of
different categories of consumer products with ''full (statement
of duration)'' warranties.
(4) The duties under subsection
(a) of this section extend from the warrantor to each person
who is a consumer with respect to the consumer product.
(c) Waiver of standards
The performance of the duties under subsection (a) of this section
shall not be required of the warrantor if he can show that the
defect, malfunction, or failure of any warranted consumer product
to conform with a written warranty, was caused by damage (not
resulting from defect or malfunction) while in the possession
of the consumer, or unreasonable use (including failure to provide
reasonable and necessary maintenance).
(d) Remedy without charge
For purposes of this section and of section 2302(c) of this title,
the term ''without charge'' means that the warrantor may not assess
the consumer for any costs the warrantor or his representatives
incur in connection with the required remedy of a warranted consumer
product. An obligation under subsection (a)(1)(A) of this section
to remedy without charge does not necessarily require the warrantor
to compensate the consumer for incidental expenses; however, if
any incidental expenses are incurred because the remedy is not
made within a reasonable time or because the warrantor imposed
an unreasonable duty upon the consumer as a condition of securing
remedy, then the consumer shall be entitled to recover reasonable
incidental expenses which are so incurred in any action against
the warrantor.
(e) Incorporation of standards to
products designated with full warranty for purposes of judicial
actions
If a supplier designates a warranty applicable to a consumer product
as a ''full (statement of duration)'' warranty, then the warranty
on such product shall, for purposes of any action under section
2310(d) of this title or under any State law, be deemed to incorporate
at least the minimum requirements of this section and rules prescribed
under this section.
Section 2305. Full and limited warranting
of a consumer product
Nothing in this chapter shall prohibit
the selling of a consumer product which has both full and limited
warranties if such warranties are clearly and conspicuously differentiated.
Section 2306. Service contracts;
rules for full, clear and conspicuous disclosure of terms and conditions;
addition to or in lieu of written warranty
(a) The Commission may prescribe
by rule the manner and form in which the terms and conditions
of service contracts shall be fully, clearly, and conspicuously
disclosed.
(b) Nothing in this chapter shall
be construed to prevent a supplier or warrantor from entering
into a service contract with the consumer in addition to or in
lieu of a written warranty if such contract fully, clearly, and
conspicuously discloses its terms and conditions in simple and
readily understood language.
Section 2307. Designation of representatives
by warrantor to perform duties under written or implied warranty
Nothing in this chapter shall be
construed to prevent any warrantor from designating representatives
to perform duties under the written or implied warranty: Provided,
That such warrantor shall make reasonable arrangements for compensation
of such designated representatives, but no such designation shall
relieve the warrantor of his direct responsibilities to the consumer
or make the representative a co-warrantor.
Section 2308. Implied warranties
(a) Restrictions on disclaimers or
modifications
No supplier may disclaim or modify (except as provided in subsection
(b) of this section) any implied warranty to a consumer with respect
to such consumer product if
(1) such supplier makes any written
warranty to the consumer with respect to such consumer Product,
or
(2) at the time of sale, or within
90 days thereafter, such supplier enters into a service contract
with the consumer which applies to such consumer product.
(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2) of
this title), implied warranties may be limited in duration to
the duration of a written warranty of reasonable duration, if
such limitation is conscionable and is set forth in clear and
unmistakable language and prominently displayed on the face of
the warranty.
(c) Effectiveness of disclaimers,
modifications, or limitations
A disclaimer, modification, or limitation made in violation of
this section shall be ineffective for purposes of this chapter
and State law.
Section 2309. Procedures applicable
to promulgation of rules by Commission
(a) Oral presentation
Any rule prescribed under this chapter shall be prescribed in
accordance with section 553 of title 5; except that the Commission
shall give interested persons an opportunity for oral presentations
of data, views, and arguments, in addition to written submissions.
A transcript shall be kept of any oral presentation. Any such
rule shall be subject to judicial review under section 57a(e)
of this title in the same manner as rules prescribed under section
57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of
this title shall not apply.
(b) Warranties and warranty practices
involved in sale of used motor vehicles
The Commission shall initiate within one year after January 4,
1975, a rulemaking proceeding dealing with warranties and warranty
practices in connection with the sale of used motor vehicles;
and, to the extent necessary to supplement the protections offered
the consumer by this chapter, shall prescribe rules dealing with
such warranties and practices. In prescribing rules under this
subsection, the Commission may exercise any authority it may have
under this chapter, or other law, and in addition it may require
disclosure that a used motor vehicle is sold without any warranty
and specify the form and content of such disclosure.
Section 2310. Remedies in consumer
disputes
(a) Informal dispute settlement procedures;
establishment; rules setting forth minimum requirements; effect
of compliance by warrantor; review of informal procedures or implementation
by Commission; application to existing informal procedures
(1) Congress hereby declares it
to be its policy to encourage warrantors to establish procedures
whereby consumer disputes are fairly and expeditiously settled
through informal dispute settlement mechanisms.
(2) The Commission shall prescribe
rules setting forth minimum requirements for any informal dispute
settlement procedure which is incorporated into the terms of
a written warranty to which any provision of this chapter applies.
Such rules shall provide for participation in such procedure
by independent or governmental entities.
(3) One or more warrantors may
establish an informal dispute settlement procedure which meets
the requirements of the Commission's rules under paragraph (2).
If -
(A) a warrantor establishes such
a procedure,
(B) such procedure, and its implementation,
meets the requirements of such rules, and
(C) he incorporates in a written
warranty a requirement that the consumer resort to such procedure
before pursuing any legal remedy under this section respecting
such warranty, then
(i) the consumer may not commence
a civil action (other than a class action) under subsection
(d) of this section unless he initially resorts to such
procedure; and
(ii) a class of consumers may
not proceed in a class action under subsection (d) of this
section except to the extent the court determines necessary
to establish the representative capacity of the named plaintiffs,
unless the named plaintiffs (upon notifying the defendant
that they are named plaintiffs in a class action with respect
to a warranty obligation) initially resort to such procedure.
In the case of such a class action which is brought in a
district court of the United States, the representative
capacity of the named plaintiffs shall be established in
the application of rule 23 of the Federal Rules of Civil
Procedure. In any civil action arising out of a warranty
obligation and relating to a matter considered in such a
procedure, any decision in such procedure shall be admissible
in evidence.
(4) The Commission on its own initiative
may, or upon written complaint filed by any interested person
shall, review the bona fide operation of any dispute settlement
procedure resort to which is stated in a written warranty to
be a prerequisite to pursuing a legal remedy under this section.
If the Commission finds that such
procedure or its implementation fails to comply with the requirements
of the rules under paragraph (2), the Commission may take appropriate
remedial action under any authority it may have under this chapter
or any other provision of law.
(5) Until rules under paragraph
(2) take effect, this subsection shall not affect the validity
of any informal dispute settlement procedure respecting consumer
warranties, but in any action under subsection (d) of this section,
the court may invalidate any such procedure if it finds that
such procedure is unfair.
(b) Prohibited acts It shall be a
violation of section 45(a)(1) of this title for any person to
fail to comply with any requirement imposed on such person by
this chapter (or a rule thereunder) or to violate any prohibition
contained in this chapter (or a rule thereunder).
(c) Injunction proceedings by Attorney
General or Commission for deceptive warranty, noncompliance with
requirements, or violating prohibitions; procedures; definitions
(1) The district courts of the
United States shall have jurisdiction of any action brought
by the Attorney General (in his capacity as such), or by the
Commission by any of its attorneys designated by it for such
purpose, to restrain
(A) any warrantor from making
a deceptive warranty with respect to a consumer product, or
(B) any person from failing to
comply with any requirement imposed on such person by or pursuant
to this chapter or from violating any prohibition contained
in this chapter. Upon proper showing that, weighing the equities
and considering the Commission's or Attorney General's likelihood
of ultimate success, such action would be in the public interest
and after notice to the defendant, a temporary restraining
order or preliminary injunction may be granted without bond.
In the case of an action brought by the Commission, if a complaint
under section 45 of this title is not filed within such period
(not exceeding 10 days) as may be specified by the court after
the issuance of the temporary restraining order or preliminary
injunction, the order or injunction shall be dissolved by
the court and be of no further force and effect. Any suit
shall be brought in the district in which such person resides
or transacts business. Whenever it appears to the court that
the ends of justice require that other persons should be parties
in the action, the court may cause them to be summoned whether
or not they reside in the district in which the court is held,
and to that end process may be served in any district.
(2) For the purposes of this subsection,
the term ''deceptive warranty'' means
(A) a written warranty which
(i) contains an affirmation, promise, description, or representation
which is either false or fraudulent, or which, in light of
all of the circumstances, would mislead a reasonable individual
exercising due care; or (ii) fails to contain information
which is necessary in light of all of the circumstances, to
make the warranty not misleading to a reasonable individual
exercising due care; or
(B) a written warranty created
by the use of such terms as ''guaranty'' or ''warranty'',
if the terms and conditions of such warranty so limit its
scope and application as to deceive a reasonable individual.
(d) Civil action by consumer for
damages, etc.; jurisdiction; recovery of costs and expenses; cognizable
claims
(1) Subject to subsections (a)(3)
and (e) of this section, a consumer who is damaged by the failure
of a supplier, warrantor, or service contractor to comply with
any obligation under this chapter, or under a written warranty,
implied warranty, or service contract, may bring suit for damages
and other legal and equitable relief -
(A) in any court of competent
jurisdiction in any State or the District of Columbia; or
(B) in an appropriate district
court of the United States, subject to paragraph (3) of this
subsection.
(2) If a consumer finally prevails
in any action brought under paragraph (1) of this subsection,
he may be allowed by the court to recover as part of the judgment
a sum equal to the aggregate amount of cost and expenses (including
attorneys' fees based on actual time expended) determined by
the court to have been reasonably incurred by the plaintiff
for or in connection with the commencement and prosecution of
such action, unless the court in its discretion shall determine
that such an award of attorneys' fees would be inappropriate.
(3) No claim shall be cognizable
in a suit brought under paragraph (1)(B) of this subsection
-
(A) if the amount in controversy
of any individual claim is less than the sum or value of $25;
(B) if the amount in controversy
is less than the sum or value of $50,000 (exclusive of interests
and costs) computed on the basis of all claims to be determined
in this suit; or
(C) if the action is brought
as a class action, and the number of named plaintiffs is less
than one hundred.
(e) Class actions; conditions; procedures
applicable
No action (other than a class action or an action respecting a
warranty to which subsection (a)(3) of this section applies) may
be brought under subsection (d) of this section for failure to
comply with any obligation under any written or implied warranty
or service contract, and a class of consumers may not proceed
in a class action under such subsection with respect to such a
failure except to the extent the court determines necessary to
establish the representative capacity of the named plaintiffs,
unless the person obligated under the warranty or service contract
is afforded a reasonable opportunity to cure such failure to comply.
In the case of such a class action (other than a class action
respecting a warranty to which subsection (a)(3) of this section
applies) brought under subsection (d) of this section for breach
of any written or implied warranty or service contract, such reasonable
opportunity will be afforded by the named plaintiffs and they
shall at that time notify the defendant that they are acting on
behalf of the class. In the case of such a class action which
is brought in a district court of the United States, the representative
capacity of the named plaintiffs shall be established in the application
of rule 23 of the Federal Rules of Civil Procedure.
(f) Warrantors subject to enforcement
of remedies
For purposes of this section, only the warrantor actually making
a written affirmation of fact, promise, or undertaking shall be
deemed to have created a written warranty, and any rights arising
thereunder may be enforced under this section only against such
warrantor and no other person.
Section 2311. Applicability to other
laws
(a) Federal Trade Commission Act
and Federal Seed Act
(1) Nothing contained in this chapter
shall be construed to repeal, invalidate, or supersede the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined
therein as an Antitrust Act.
(2) Nothing in this chapter shall
be construed to repeal, invalidate, or supersede the Federal
Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter
shall apply to seed for planting.
(b) Rights, remedies, and liabilities
(1) Nothing in this chapter shall
invalidate or restrict any right or remedy of any consumer under
State law or any other Federal law.
(2) Nothing in this chapter (other
than sections 2308 and 2304(a)(2) and (4) of this title) shall
(A) affect the liability of, or impose liability on, any person
for personal injury, or (B) supersede any provision of State
law regarding consequential damages for injury to the person
or other injury.
(c) State warranty laws
(1) Except as provided in subsection
(b) of this section and in paragraph (2) of this subsection,
a State requirement -
(A) which relates to labeling
or disclosure with respect to written warranties or performance
thereunder;
(B) which is within the scope
of an applicable requirement of sections 2302, 2303, and 2304
of this title (and rules implementing such sections), and
(C) which is not identical to
a requirement of section 2302, 2303, or 2304 of this title
(or a rule thereunder), shall not be applicable to written
warranties complying with such sections (or rules thereunder).
(2) If, upon application of an
appropriate State agency, the Commission determines (pursuant
to rules issued in accordance with section 2309 of this title)
that any requirement of such State covering any transaction
to which this chapter applies
(A) affords protection to consumers
greater than the requirements of this chapter and
(B) does not unduly burden interstate
commerce, then such State requirement shall be applicable
(notwithstanding the provisions of paragraph (1) of this subsection)
to the extent specified in such determination for so long
as the State administers and enforces effectively any such
greater requirement.
(d) Other Federal warranty laws This
chapter (other than section 2302(c) of this title) shall be inapplicable
to any written warranty the making or content of which is otherwise
governed by Federal law. If only a portion of a written warranty
is so governed by Federal law, the remaining portion shall be
subject to this chapter.
Section 2312. Effective dates
(a) Effective date of chapter
Except as provided in subsection (b) of this section, this chapter
shall take effect 6 months after January 4, 1975, but shall not
apply to consumer products manufactured prior to such date.
(b) Effective date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after
the final publication of rules respecting such section; except
that the Commission, for good cause shown, may postpone the applicability
of such sections until one year after such final publication in
order to permit any designated classes of suppliers to bring their
written warranties into compliance with rules promulgated pursuant
to this chapter.
(c) Promulgation of rules
The Commission shall promulgate rules for initial implementation
of this chapter as soon as possible after January 4, 1975, but
in no event later than one year after such date.
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