Defective Products

You are protected when you buy shoddy products.

While there is no law which requires a company to provide a written warranty on its goods, federal and state laws extend special protection to consumers who purchase goods which prove to be defective. All goods sold to consumers carry what is known as an implied warranty of merchantability. In plain English, this means that if you buy a product for a particular purpose, it must be able to do what it was intended to do. For example, if you buy a coffee maker, the product should be able to make coffee. If it won't, you are entitled to return it to the merchant who sold it to you and exchange it for one that works as promised.

And while no law requires a manufacturer to provide a written warranty, most manufacturers do, chiefly as a way to build consumer confidence in the quality of the goods that they sell.

Under the federal Magnuson-Moss Warranty Act, all written warranties of limited duration for products valued at $15 or more and sold to consumers must contain certain information, and that information must be expressed in clear, concise and everyday language. The precise nature and duration of the warranty must be stated at the top of the warranty document. For example, a warranty that promise to replace or repair any defect for a year after purchase at no expense to the consumer must be titled "Full One-Year Warranty," while one that pays for parts but not for labor required to make the repairs must be headed "Limited One-Year Warranty."

The Magnuson-Moss Warranty Act includes a number of other specific requirements that must be met by a company providing a written warranty. Among these requirements:

• The warranty must provide instructions on how and where to obtain repairs or service. If the warranty is a full warranty, shipping or mailing costs for repairs must be covered by the manufacturer. If the warranty is a limited warranty, however, the consumer may legally be required to bear these costs.

• If the warranty is a full warranty, it must be transferable during its duration, unless the warranty clearly states otherwise. For example, a full warranty "for as long as you own your refrigerator" is not transferable; but a "full five-year warranty" must be transferred along with the product it covers if the original purchaser sells or gives the item to someone else. Magnuson-Moss doesn't require that a limited warranty be transferable, but if it isn't, the manufacturer must clearly state that it isn't in the warranty papers.

• The warranty must provide instructions on how and where to obtain repairs or service. If the warranty is a full warranty, shipping or mailing costs for repairs must be covered by the manufacturer. If the warranty is a limited warranty, however, the consumer may legally be required to bear these costs.

• If you make a claim under your warranty while it is in force and that complaint is not satisfied by the time the warranty expires, your rights under the warranty in regard to the unsatisfied complaint remain in effect.

In addition to protecting consumers, Magnuson-Moss also gives manufacturers some specific legal rights in regard to the warranties they offer. For example, a company need not honor its warranty if the product has clearly been misused by the consumer. And the manufacturer can require you to use authorized repair facilities; a do-it-yourself repair or one made by an unauthorized service center can invalidate your warranty.

Many retailers have established policies of accepting returns of defective merchandise with no questions asked. If the merchandise was purchased by mail or phone, however, or if the retailer requires you to return the item to the manufacturer, then you'll need to write a letter to accompany your return.

When writing, be as specific as you can be about the nature of the product defect. It's not enough to say "this product doesn't work." Include enough information so that the product can be readily identified by the seller or manufacturer, such as its color, model number and serial number. If the product came with a warranty, you may want to include a photocopy, so the seller will know that you know what you're entitled to receive under its terms.

Always tell the seller what action you expect it to take in regard to your complaint, such as replacement, repair, or a refund of your money. But keep in mind that under the terms of your warranty, the seller may only be required to replace or repair the defective product. You will almost never get a refund unless you ask for it, however, so if a refund is what you want, don't hesitate to say so.

If you believe that a product's defect poses a potential safety hazard, you should contact the Consumer Product Safety Commission with information about the problem you encountered. This federal agency maintains offices in major cities around the United States. You can find the address and phone number in your telephone directory, or by calling the Federal Information Center number in your area. The Consumer Product Safety Commission investigates complaints about unsafe household products and recreational merchandise, and can order the recall of defective merchandise that poses a danger of injury to the public.