http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/index.html LawInfo - Legal Resource Center offers free UCC Filing legal forms and free UCC Filing legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/are-there-fundamental-principles-that-article.html Yes. Certain fundamental principles apply to the sale of all goods. Failure to adhere to the fundamental principles may take the transaction outside of the protection of the Uniform Commercial Code. One fundamental concept is that of good faith. Courts presume that all parties to a contract are acting in good faith. The U.C.C. defines good faith as honesty in fact. In order to qualify for the protections of the U.C.C., all parties to a contract for the sale of goods must deal honestly with each other as to the essential facts of the contract. Another basic concept of the U.C.C. is that all contracts for the sale of goods must be fundamentally fair. If a contract is so unfair that it may be said to shock the conscience, a Court may find that the contract is unconscionable. Courts do not recognize contracts that are determined to be unconscionable. The term is broad and there is not a strict line drawn to determine whether or not a contract is unconscionable. The determination is determined on a case­by­case analysis. If a Court finds that a contract is unconscionable, the court may (1) void the entire contract, (2) enforce the contract without including the unconscionable clause, or (3) so limit the application of the clause that it will avoid the unconscionable result. A final concept fundamental to the U.C.C. is that of a merchant. Article 2 distinguishes between merchants and non­merchants. In most situations, the U.C.C. holds merchants to a higher standard. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/deceptive-warranty-terms.html Obviously, warranties must not contain deceptive or misleading terms. You cannot offer a warranty that appears to provide coverage but, in fact, provides none. For example, a warranty covering only moving parts on an electronic product that has no moving parts would be deceptive and unlawful. Similarly, a warranty that promised service that the warrantor had no intention of providing or could not provide would be deceptive and unlawful. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/disclaimer-or-limitation-of-implied-warrantie.html Sellers of consumer products who make service contracts on their products are prohibited under the Act from disclaiming or limiting implied warranties. (Remember also that sellers who extend written warranties on consumer products cannot disclaim implied warranties, regardless of whether they make service contracts on their products.) However, sellers of consumer products that merely sell service contracts as agents of service contract companies and do not themselves extend written warranties can disclaim implied warranties on the products they sell. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/disclaimer-or-modification-of-implied-warrant.html The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written warranty is your customers always will receive the basic protection of the implied warranty of merchantability. However, there is one permissible modification of implied warranties. If you offer a limited written warranty, the law allows you to include a provision that restricts the duration of implied warranties to the duration of your limited warranty. For example, if you offer a two­year limited warranty, you can limit implied warranties to two years. However, if you offer a full written warranty, you cannot limit the duration of implied warranties. If you sell a consumer product with a written warranty from the product manufacturer, but you do not warrant the product in writing, you can disclaim your implied warranties. (These are the implied warranties under which the seller, not the manufacturer, would otherwise be responsible.) But, regardless of whether you warrant the products you sell, as a seller, you must give your customers copies of any written warranties from product manufacturers. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/do-used-cars-come-with-a-warranty-.html In general, yes. State laws hold dealers responsible if cars they sell don`t meet reasonable quality standards. These obligations are called implied warranties­­unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words as is or with all faults in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/does-article-2-treat-merchants-the-same-as-no.html No. Article 2 distinguishes between merchants and non­merchants. In most situations, the U.C.C. holds merchants to a higher standard. Under the U.C.C., a merchant is one who regularly deals in goods of the kind. For example, if your neighbor sells his car through an advertisement in the classifieds, he or she would not be considered a merchant. However, if your neighbor sells a car every week through the classifieds, for purposes of the U.C.C., your neighbor may be a merchant because he or she regularly deals in goods of the kind. Any store that sells merchandise will generally be considered a merchant under the U.C.C. For example, the computer store on the corner, the grocery store in your neighborhood, and all major retailers would be considered a merchant under Article 2. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/how-do-i-resolve-a-dispute-regarding-billing.html Document all transactions as well as your experiences with dates, times, expenses, and the names of people you dealt with. Talk to the shop manager or owner first. If that doesn`t work, contact your Attorney General or local consumer protection agency for help. These offices may have information on alternative dispute resolution programs in your community. Another option is to file a claim in small claims court. UCC Filing FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/how-does-the-magnuson-moss-act-effect-warrant.html The Act makes it easier for consumers to take an unresolved warranty problem to court. In addition, the Act encourages companies to use less formal, and therefore less costly, alternative to legal proceedings. Such alternatives, known as dispute resolution mechanisms, often can be used to settle warranty complaints before they reach litigation. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-an-express-warranty.html Any affirmation of fact or promise (or description of the goods) made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. This sounds more complicated that it really is. For example, if the seller states, "this car gets 40 miles per gallon." then the statement is an express warranty. But instead, if the seller said, "this car gets excellent mileage!" then that is not an express warranty. In other words, a statement must be specific and objective to create an express warranty. A seller`s mere opinion such as this car is a beauty! does not create an express warranty. Often times, you see a model or a sample of a product and decide to buy it. But the seller does not say anything. Well, there still is an express warranty because any sample of a model, which is made part of the basis of the bargain, creates an express warranty that the product shall conform to the sample or model. In other words, the product you receive better be just like the one you saw. For example, you see safe in a showroom. The safe is called the x400. The x400 on display is made of titanium steel. Well, the seller just made an express warranty that the x400 you buy will be just like the x400 that you saw on display. If you get home and discover that the x400 that you just bought is not made of titanium, but rather aluminum, then the seller has breached the express warranty. As the buyer, you have the right to return the product for a full refund. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-an-implied-warranty-of-merchantabilit.html In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to. If the first time you swing the club, the head falls off, then the implied warranty of merchantability has been breached. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-article-2-of-the-ucc.html Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article two only covers the sale of goods. This is important to keep in mind. Goods include all items that can be both identifiable and moveable at the time of the sale. Article 2 does not cover transactions involving service contracts. In addition, the sale of real estate is not covered by Article 2, but rather by Article 9 of the Uniform Commercial Code. For example, the sale of an automobile or a computer would be covered by Article 2. However, the sale of insurance or a membership in a health club or a contract between you and a painter to paint your house would not be covered. The sale of your house would also not be covered. A house certainly is a Good, but the sale of a house involves the sale of land. Under the U.C.C., any transaction involving the transfer of land is covered by Article 9 of the code. UCC Filing FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-the-implied-warranty-of-fitness-for-a.html This is a warranty that is created when you seek and rely upon the expertise and advice of a sales associate in buying an item. To establish an implied warranty for a particular purpose, the buyer must satisfy two requirements: (1) At the time of contracting, the seller must have reason to know of any particular purpose for which the goods are required, and (2) the seller must have reason to know that the buyer is relying on the seller`s skill and judgment to select or furnish suitable goods. For example: Joe has decided to open up an Italian restaurant. Joe plans to have the restaurant open 15 hours a day, seven days a week. Joe needs to buy a stove that will not over­heat if left on for 15 hours at a time. Joe goes to Bob`s Stoves to purchase his stove. Joe knows nothing about stoves. When Joe meets Bob he says, "Hi! I need your help in recommending a stove." Joe then goes on to tell Bob that any stove he buys must be able to run continually for 15 hours without over­heating. Bob states, "I have just the stove for you, the ACME 412." Joe relies upon Bob`s expertise and buys the ACME 412. Four hours after the stove is turned on, the stove over­heats, catches on fire and quits working. In this example, the implied warranty of fitness for a particular purpose has been breached. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-the-magnuson-moss-warranty-act-.html The Magnuson­Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage. In addition, it affects both the rights of consumers and the obligations of warrantors under written warranties. To understand the Act, it is useful to be aware of Congress` intentions in passing it. First, Congress wanted to ensure that consumers could get complete information about warranty terms and conditions. By providing consumers with a way of learning what warranty coverage is offered on a product before they buy, the Act gives consumers a way to know what to expect if something goes wrong, and thus helps to increase customer satisfaction. Second, Congress wanted to ensure that consumers could compare warranty coverage before buying. By comparing, consumers can choose a product with the best combination of price, features, and warranty coverage to meet their individual needs. Third, Congress intended to promote competition on the basis of warranty coverage. By assuring that consumers can get warranty information, the Act encourages sales promotion on the basis of warranty coverage and competition among companies to meet consumer preferences through various levels of warranty coverage. Finally, Congress wanted to provide an incentive for companies to honor their warranty obligations to consumers in a timely and thorough manner. All disputes are to be resolved with a minimum of delay and expense to consumers. Thus, the Act makes it easier for consumers to pursue a remedy for breach of warranty in the courts, but it also creates a framework for companies to set up procedures for resolving disputes inexpensively and informally, without litigation. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-is-the-ucc.html The U.C.C. stands for the Uniform Commercial Code. The laws concerning commercial and private transactions for the sale and leasing of goods developed out of the common law of both England and the United States. The majority of the law developed after the 1800`s. At the end of the nineteenth century, England codified the common law principles into the Sale of Goods Act. The United States codified the laws into the Uniform Sales Act. The volume of commercial and private sales dramatically increased during the twentieth century. As a result of the rapid growth, the Uniform Sales Act became outdated. In response, the Commissioners on Uniform State Laws created what is now known as Article 2 of the Uniform Commercial Code (U.C.C.). With the exception of Louisiana, Article 2 has been adopted by every State in the United States. UCC Filing FAQs Mon, 04 Jun 2007 21:51:22 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-should-i-be-aware-of-concerning-warranti.html Keep in mind that there is no standard warranty on repairs. Make sure you understand what is covered under your warranty and get it in writing. Be aware that warranties may be subject to limitations, including time, mileage, deductibles, businesses authorized to perform warranty work or special procedures required for obtaining reimbursement. Check with the Federal Trade Commission or your state or local consumer protection agency for information about your warranty rights. UCC Filing FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/UCC-and-Warranties/Federal/what-should-i-do-if-the-product-i-bought-has-.html You should first go back to the retailer and ask for an exchange of goods or for your money back. If the retailer refuses to do either, and there is no disclaimer of warranties, then you may want to seek the advice of an attorney who specializes in lemon law or consumer protection. 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