There also appears be serious conflict of interest issues with these EXTENDED WARRANTIES 4WP sells on trucks they lift. _Many dealerships nationwide have recently refused to honor these warranties as 4WP mechanics are not GM/FORD/Daimler/Toyota/Nissan certified, nor retain the proper diagnostic equipment to give the complete required thourough mechanical diadnostic inspections, but they do anyway, and then sell these extended power-train warranties to be claimed not at 4WP, but at local dealerships.
REGARDING 4 WHEEL PARTS WARRANTIES
April 9, 2005
Re: FTC Ref. No.
Dear Sir:
We are pleased to respond to your correspondence describing your difficulty obtaining warranty performance.
The Magnuson-Moss Warranty Act is intended to help consumers with warranty disputes enforce their rights. The Act permits consumers to sue a company that fails to live up to its promises under a warranty. Among other provisions, the Act allows consumers who prevail in suits for breach of warranty under the Act to recover attorney's fees and court costs, as well as damages and other relief awarded by the court. Enclosed is a brochure that explains your rights and responsibilities under the Act.
The Commission's role is to identify those companies that consistently violate consumers' warranty rights and pursue corrective action through administrative proceedings rather than by resolving individual complaints. In addition, we hope the following information is helpful.
You may be interested to know that there are no federal or state laws that require companies to provide a$$istance for problems that occur after the warranty ends. A company's obligation to repair or replace a defective product is limited to the terms of its written warranty. On the other hand, a company must take care of problems that are first complained about during the warranty period, even if the warranty runs out before the problems are resolved. Until the problems are resolved, the warrantor has not performed as promised. It is a good idea to keep a copy of any letter or receipt that shows when problems were first brought to the attention of the company or servicing dealer.
If the company is unable to repair the product, you may have a right under state law to receive a refund, even if the warranty indicates that no refunds will be given. Under Section 2-719 of the Uniform Commercial Code, effective in nearly all states, if a warranty limits the remedy available under it, and that remedy given does not work, the consumer has the right to seek other appropriate remedies.
For example, if the warranty provides that the company will only repair a product, and not provide a refund or replacement, the company is entitled to a reasonable opportunity to repair the product in question. However, if the product is seriously defective and a number of repair attempts do not place it in proper condition, then the owner may have a right to a refund or replacement. You should ask a lawyer how this rule works in your state.
In addition, even if your product is no longer covered by the manufacturer's warranty, it may still be protected by an implied warranty created by state law. All states have such warranties, and they supplement the protection of any written warranty. The most important of these warranties is the implied warranty of merchantability, which promises that a product will be fit for the ordinary purpose for which it is sold. For example, in the case of an automobile, the warranty of merchantability guarantees that the vehicle is fit for transportation. If the automobile is not fit for transportation, the purchaser may be able to revoke acceptance due to a breach of the implied warranty. In most states, implied warranties run for four years from the date of sale. If you are unable to reach a satisfactory agreement for the repair of the product, a private attorney may be able to provide advice on how to enforce implied warranty rights.
Thank you for bringing this matter to our attention. Letters such as yours help us maintain an awareness of those problems consumers are experiencing.
Sincerely yours,
Consumer Response Center
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