[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR700.4]

[Page 528-529]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 700--INTERPRETATIONS OF MAGNUSON-MOSS WARRANTY ACT--Table of Contents
 
Sec. 700.4  Parties ``actually making'' a written warranty.

    Section 110(f) of the Act provides that only the supplier ``actually 
making'' a written warranty is liable for purposes of FTC and private 
enforcement of the Act. A supplier who does no more than distribute or 
sell a consumer product covered by a written warranty offered by another 
person or business and which identifies that person or business as the 
warrantor is not liable for failure of the written warranty to comply 
with the Act or rules thereunder. However, other actions and written and 
oral representations of such a supplier in connection with the offer or 
sale of a warranted product may obligate that supplier under the Act. If 
under State law the supplier is deemed to have ``adopted'' the written 
affirmation of fact, promise, or undertaking, the supplier is also 
obligated under the Act. Suppliers are advised to consult State law to 
determine those actions and representations which may

[[Page 529]]

make them co-warrantors, and therefore obligated under the warranty of 
the other person or business.