| Manufacturer Warranty Concerns |
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One of the number one questions received at Kleenoil USA is regarding installation of a Kleenoil Onboard Oil Recycling System on your truck or equipment and whether the installation could void the warranty? Rest assured that due to the Magnuson-Moss Warranty Act, this is not a concern at all. We also have a comprehensive list of the major manufacturers below and their statements on use of Kleenoil Onboard Oil Recycling System on their equipment. At the very bottom of this article are printable PDF versions of the major manufacturer warranty letters. Understanding the Magnuson-Moss Warranty Act The Magnuson-Moss 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 strengthen existing incentives for companies to perform their warranty obligations in a timely and thorough manner and to resolve any disputes 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. What the Magnuson-Moss Act Does Not Require In order to understand how the Act affects you as a businessperson, it is important first to understand what the Act does not require. First, the Act does not require any business to provide a written warranty. The Act allows businesses to determine whether to warrant their products in writing. However, once a business decides to offer a written warranty on a consumer product, it must comply with the Act. Second, the Act does not apply to oral warranties. Only written warranties are covered. Third, the Act does not apply to warranties on services. Only warranties on goods are covered. However, if your warranty covers both the parts provided for a repair and the workmanship in making that repair, the Act does apply to you. Finally, the Act does not apply to warranties on products sold for resale or for commercial purposes. The Act covers only warranties on consumer products. This means that only warranties on tangible property normally used for personal, family, or household purposes are covered. (This includes property attached to or installed on real property.) Note that applicability of the Act to a particular product does not, however, depend upon how an individual buyer will use it. The following section of this manual summarizes what the Magnuson-Moss Warranty Act requires warrantors to do, what it prohibits them from doing, and how it affects warranty disputes. What the Magnuson-Moss Act Requires In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements. The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule). In addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules. The Act and the Rules establish three basic requirements that may apply to you, either as a warrantor or a seller. 1. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited." 2. As a warrantor, you must state certain specified information about the coverage of your warranty in a single, clear, and easy-to-read document. 3. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying. The titling requirement, established by the Act, applies to all written warranties on consumer products costing more than $10. However, the disclosure and pre-sale availability requirements, established by FTC Rules, apply to all written warranties on consumer products costing more than $15. Each of these three general requirements is explained in greater detail in the following chapters. What the Magnuson-Moss Act Does Not Allow There are three prohibitions under the Magnuson-Moss Act. They involve implied warranties, so-called "tie-in sales" provisions, and deceptive or misleading warranty terms. Disclaimer or Modification of Implied Warranties 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. This is explained in Understanding Warranties. There is one permissible modification of implied warranties, however. 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 two-year 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. This matter is explained in Titling Written Warranties as "Full" or "Limited". 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. Excerpts From Manufacturers Warranties Below are statements from the primary manufacturers of equipment you would likely be installing a Kleenoil Onboard Oil Recycling System. At the very bottom of this article are printable PDF versions of the major manufacturer warranty letters. CHRYSLER MOTOR CORPORATION
GENERAL MOTORS CORPORATION
JOHN DEERE
FORD MOTOR COMPANY
CUMMINS
CATERPILLAR
VOLVO TRUCKS NORTH AMERICA INC.
MACK TRUCKS INC.
DAIMLERCHRYSLER CORPORATION
NAVISTAR INTERNATIONAL CORPORATION
FEDERAL LAW 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....fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules...require inclusion in the written warranty of any.....exceptions and exclusions from the terms of the warranty. Magnuson-Moss Warranty & Federal Trade Commission improvement Act. Section 2302(a) TRADEMARK DISCLAIMER Product names, logos, brands, and other trademarks featured or referred to within the kleenoilusa.com website are the property of their respective trademark holders. These trademark holders are not affiliated with Kleenoil USA Inc., our products, or our website. They do not sponsor or endorse Kleenoil USA Inc. |