Check a technology supply to a consumer against the implied-warranty and Magnuson-Moss rules

Key facts

Human involvement

Yellow · Close supervision

How AI is used

State whether the goods are a consumer product, whether the seller is a merchant of that kind of goods, whether a written warranty is offered, and whether the contract tries to disclaim implied warranties or to sell the goods as is.

What the lawyer must review

UCC § 2-314 implies a warranty that the goods are merchantable in a sale if the seller is a merchant with respect to goods of that kind, unless the warranty is excluded or modified under § 2-316. Merchantable goods must, among other things, pass without objection in the trade and be fit for the ordinary purposes for which such goods are used. The FTC warranty guide says § 2-314 is law in every state but Louisiana, that customers generally have four years to enforce an implied warranty claim, and that a seller can sell without implied warranties, as is, in most but not all states, by a clear and conspicuous disclaimer, generally in writing. The Magnuson-Moss Act does not compel a written warranty. If a written warranty is given on a consumer product, section 108 prevents the warrantor from eliminating or restricting implied warranties. A written warranty on a consumer product costing more than $10 must be titled full or limited, and the pre-sale availability rule applies to written warranties on consumer products costing more than $15.

Written for / version

United States versionUS