Full Warranty Requirements Under the Magnuson-Moss Warranty Act
In case of a defect, malfunction or failure in your California car, the warrantor must execute the following actions, in order to conform to the written warranty under a full warranty:
* Must remedy the California lemon car/its part(s) within a reasonable time and without charge
* May not impose any limitation on the duration of any implied warranty on the California lemon car/its part(s)
* May not exclude or limit consequential damages for a breach of any written or implied warranty on the California lemon car/its part(s), unless the exclusion or limitation conspicuously appears on the face of the warranty
* If the California lemon car or its component has a defect or is malfunctioning after a reasonable number of repair attempts, the California consumer must be allowed the choice to elect between a refund and a replacement vehicle
* May not impose any duty, other than notification, upon any consumer for securing the repairs of any California car/its part that malfunctions, is defective or does not conform to the written warranty
The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act requires consumers to return the California lemon car to its dealer for repairs.
Remedies for a California lemon car under the Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that any warrantor such as an automobile manufacturer warranting an automobile buyer by means of a written warranty must disclose the terms and conditions of the warranty in simple and easily understood language, as mandated by the Federal Trade Commission (FTC). The FTC has enacted regulations to govern the disclosure of written consumer product warranty terms and conditions on consumer products which cost the consumer more than $15.
Under the terms of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act, ambiguous statements in a warranty are construed against the drafter of the warranty. Service contracts also must clearly disclose their terms and conditions in simple and easily understood language. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act is meant to provide consumers of California cars with access to reasonable and effective remedies where there is a breach of warranty on a California car. The federal government has the authority to take injunctive action against a supplier or warrantor if he fails to meet the requirements of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act.
California consumers may seek redress in the courts for alleged violations of the Magnuson-Moss Warranty–Federal Trade Commission Improvement Act. The Magnuson-Moss Warranty–Federal Trade Commission Improvement Act states that, a written warranty on a consumer product that costs more than $10 must be clearly labeled as 'full' or 'limited'. A full warranty means that whoever promises to fix the California consumer product must do so, in case of a defect or if it does not conform to the warranty. A limited warranty can contain reasonable restrictions regarding the obligations of the manufacturer or seller for the repair or replacement of a California consumer product.
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