Have You Been Sold a Faulty Product? Here’s What to Do.

WILL A WARRANTY PROTECT YOU? THIS IS WHAT YOU SHOULD KNOW:

From clothing, home goods, and electronics, to bigger ticket items like smartphones, computers, appliances, and even vehicles, when people buy something, they expect it to work properly.

Sometimes, you end up with a faulty product.

That can range from buying a new jacket that shows up with a broken zipper or a hole in the lining, to buying a new laptop that won’t turn on out of the box. In these cases , the buyer has a right to get their product replaced by one that’s in perfect condition, or get their money refunded.

But how? If you receive a bad product, what should your first step be? What should you do if the company that sold you that bad product won’t work with you to make it right?

You’ve come to the right place. Read on to learn all of the basics about warranties and product defects, how to shop smart to avoid problems, how warranty laws can help protect you, and, step-by-step, what you should do when a warranty on a product you purchased is violated.

WARRANTIES AND PRODUCT DEFECT CLAIMS: THE BASICS

Let’s start with the basics: What’s a warranty?

In its simplest form, a warranty is a type of contract between a buyer and a seller or manufacturer. It binds the parties to perform in specific ways; for example, a warranty might require the seller/manufacturer to provide a product that accomplishes a specific task, or to deliver a service that provides certain minimal benefits. On the other hand, a warranty might require the purchaser to perform scheduled maintenance or other steps to keep the product working properly.

Warranties are provided for all kinds of products and services, but for the purposes of this article, we’re going to focus on product warranties. There are two types of product warranties: Express and implied.

EXPRESS WARRANTIES

By definition, an express warranty can be written or verbal, but there are some things to keep in mind.

Verbal Warranties

If a seller offers you a verbal warranty, you should always ask to receive it in writing. Verbal warranties are not always enforceable, since they come down to your word versus the seller’s word.

Warranties in Advertisements

If a claim about a product is made in its advertising, that can often be considered a type of express warranty. For example, let’s say you bought light bulbs that the advertisement claims lasts for 100,000 hours, but the light bulbs come with a written warranty for just 30 days. If the light bulbs die after 30 days, but before they’ve been used for 100,000 hours (which is more than 11 years), the company is on the hook for repairing or replacing the bulbs, or refunding what you paid for them. You’ll have to prove your claim; make sure you hang onto copies of any written promises, even in advertisements.

Written Warranties

Written warranties are preferable whenever possible, and they come with many purchases by default. When examining a written warranty, here are the things you should see:

• How long the warranty lasts: When does the warranty begin, when does it end, and are there any conditions that would cause it to end early?
• How you get warranty service: Should you contact the seller or the manufacturer if you need warranty help?
• What happens if the product fails: If you use the warranty, will the product be replaced, repaired, or will your money be refunded?
• What the warranty covers: Are there any problems that the warranty won’t cover, or are there specific parts or repairs that aren’t covered? Does the warranty cover damages caused by product failure. Are there any conditions or limitations written into the warranty?

IMPLIED WARRANTIES

There’s no federal warranty law in the United States, but there is what’s called the Uniform Commercial Code, which is a set of laws that has been adopted in a similar form by all 50 states and Washington, D.C. The Uniform Commercial Code covers implied warranties.

Although the law grants consumers more protections than they would have without it, it’s not comprehensive. Basically, the law says consumer products have to be sold without substantial defects, and, when used properly, need to function properly for a “reasonable” amount of time. What’s considered a reasonable amount of time can vary by product and by state. Some state codes have definitions for certain products. If you’re wondering about your legal protections, you’ll have to look up your state’s consumer protection laws.

Keep in mind that this varies by state, but in many places, companies are allowed to “disclaim” the implied warranty by simply stating there isn’t one. In some places, companies can negate it by saying products are being sold “as is,” or by disclosing any faults with the products. Again, the best way to know what your legal rights are is to look up consumer protection laws in your state.

WARRANTIES VS. SERVICE CONTRACTS

When making a major purchase (think a car, a home, or a large appliance), you may be offered a service contract. Service contracts are often called “extended warranties” by sellers and manufacturers, but they’re not the same thing.

Service contracts might look similar to warranties on paper, in that they often promise maintenance or repairs for a specified amount of time. However, warranties are included in the purchase cost of items, and service contracts need to be bought separately.

That’s not to say you shouldn’t ever buy a service contract. Here are some things to consider when making that decision:

• Does the warranty overlap with the service contract, and already cover the repairs and maintenance offered in the service contract?
• Is the product likely to need repairs during the service contract period? How much would those repairs cost out-of-pocket?
• How long does the service contract last?

TYPES OF PRODUCT DEFECT CLAIMS

The most common issues that are likely covered by warranty are defects in the design, warnings, or manufacturing of a product.