New Jersey Lemon Law Lawyer Blog

THE MAGNUSSON MOSS ACT
The following are elements of a Magnusson Moss Warranty claim

1. The term ``consumer product'' means any tangible personal property which is distributed in commerce and which is normally used in for personal, family, or household purposes. 15 U.S.C. 2301(1)
2. The term ``consumer'' means a buyer of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warranty (or service contractor) the obligations of the warranty (or service contract). 15 U.S.C. 2301(3)
3. The term ``supplier'' means any person engaged in the business of making a consumer product directly or indirectly available to consumers. 15 U.S.C. 2301(4)
4. The term ``warrantor'' means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. 15 U.S.C. 2301(5)
5. The term ``written warranty'' means– (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time; or (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes a basis of the bargain between a supplier and a buyer. 15 U.S.C. 2301(6)(A) and (B)
6. The term ``implied warranty'' means an implied warranty arising under State law in connection with the sale by a supplier of a consumer product. 15 U.S.C. 2301(7)
7. The term ``service contract'' means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product. 15 U.S.C. 2301(8)
8. The term ``remedy'' means whichever of the following actions the warranty means whichever of the following actions the warrantor elects:
(A) repair;
(B) replacement; or
(C) refund.
15 U.S.C. 2301(10)
9. The term ``replacement'' means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product. 15 U.S.C. 2301(11)
10. The term ``refund'' means refunding the actual purchase price. 15 U.S.C. 2301(12)

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