Check the warranty before you buy product

Before you make a major purchase, there is an important promise you should read. It is called the warranty, the manufacturer’s or seller’s promise to stand behind a product.

Warranties vary in the amount of coverage they provide. So, just as you compare the style, price, and other characteristics of competing products before you buy, you also can compare warranties. The Magnuson-Moss Act of 1975 requires that warranties be available for you to read before you make a purchase.

Written warranties come with most major purchases, although this is not legally required. The protection offered by written warranties varies greatly, so it is important to compare warranties before making a purchase. Here are some questions to keep in mind when comparing warranties.

What parts and repair problems are covered by the warranty? Check to see if any parts of the product or types of repair problems are excluded from coverage.

Are any expenses excluded from coverage? Some warranties require you to pay for labor charges.

How long does the warranty last? Check the warranty to see when it expires.

What will you have to do to get repairs? Look for conditions that could prove expensive, such as a requirement that you ship a heavy object to the factory for servicing.

What will the company do if the product fails? Find out if the company will repair it, replace it, or return your money.

Does the warranty cover “consequential damages?” Many warranties do not cover consequential damages. This means that the company will not pay for any damage the product caused, or your time and expense in getting the damage repaired. For example, if your freezer breaks and the food in it spoils, the company will not pay for the food you lost.

Are there any conditions or limitations on the warranty? Some warranties will only provide coverage if you maintain or use the product as directed. For example, a warranty may cover only personal uses, as opposed to business uses of the product. Make sure the warranty will meet your needs. Sometimes a salesman will make an oral promise, for example, that the store will provide free repairs. However, if this claim is not in writing, you may not be able to get the promised service. Have the salesman put the promise in writing or do not count on the service.

When you buy a car, home or major appliance, you may be offered a service contract. Although often called “extended warranties,” service contracts are not warranties. Warranties are included in the price of the product. Service contracts come separately from the product, at an extra cost. To decide whether you need a service contract, you should consider several factors: Whether the warranty already covers the repairs that you would get under the service contract; whether the product is likely to need repairs and their potential costs; how long the service contract is in effect; and the reputation of the company offering the service contract.

Although written warranties are not required by law, there is another type of warranty that is. It is called an “implied” warranty. Implied warranties are created by state law and all states have them. Almost every purchase you make is covered by an implied warranty. The most common type of implied warranty is called a “warranty of merchantability.” This means that the seller promises that the product will do what it is supposed to do. For example, a car will run and a toaster will toast.

Another type of implied warranty is the “warranty of fitness for a particular purpose.” This applies when you buy a product on the seller’s advice that it is suitable for a particular use. For example, a seller who suggests that you buy a certain sleeping bag for zero-degree weather warrants that the sleeping bag will be suitable for zero degrees.

If problems arise that are not covered by the written warranty, you should investigate the protection given by your implied warranty.

Implied warranty coverage can last as long as four years, although the length of coverage varies from state to state.

If you are faced with any problems regarding a product or obtaining the promised warranty service, here are some steps you can take:

Read your product instructions and warranty carefully. Do not expect features or performance that your product was not designed to give, or assume warranty coverage that was never promised. Having a warranty does not mean that you automatically get a refund if a product is defective. The company may be entitled to try to fix it first. But if you reported a defect to the company during the warranty period and the product was not fixed, the company must correct the problem, no matter how long it takes.

Discuss your complaint with the retailer. Disputes can usually be resolved at this level. But if you cannot reach an agreement, write the manufacturer. Your warranty should list the company’s mailing address. Send all letters by certified mail and keep copies.

If you cannot get satisfaction from the retailer or manufacturer, contact Northeast COMBAT or the attorney general’s office. We may be able to help.

Inquire about dispute resolution organizations that arbitrate disagreements, if both you and the company are willing. Consult your warranty; dispute resolution may be required as a first step before going to court.

Maine has a small claims court system. If the amount of money involved is $1,400 or less, you can file a lawsuit in a small claims court. The costs are low, procedures are simple, and lawyers are not required. The clerk of small claims court can tell you how to bring your lawsuit and what the dollar limits are in Maine.

If none of these actions resolve your dispute, you may want to consider a lawsuit. The Magnuson-Moss Act allows you to sue for damages or for any other type of relief the court awards, including legal fees. A lawyer will be able to advise you whether to proceed with a lawsuit.

Consumer Forum is a collaborative effort of the Bangor Daily News and Northeast COMBAT. Send your questions to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329. COMBAT is a membership organization with basic dues of $10 a year. For membership information write to the above address. Please enclose a large, stamped, self-addressed envelope.