[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: 16CFR701.1]

[Page 532]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 701--DISCLOSURE OF WRITTEN CONSUMER PRODUCT WARRANTY TERMS AND CONDITIONS--Table of Contents
 
Sec. 701.1  Definitions.

    (a) The Act means the Magnuson-Moss Warranty Federal Trade 
Commission Improvement Act, 15 U.S.C. 2301, et seq.
    (b) Consumer product means any tangible personal property which is 
distributed in commerce and which is normally used for personal, family, 
or household purposes (including any such property intended to be 
attached to or installed in any real property without regard to whether 
it is so attached or installed. Products which are purchased solely for 
commercial or industrial use are excluded solely for purposes of this 
part.
    (c) Written warranty means:
    (1) 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
    (2) 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 part of the 
basis of the bargain between a supplier and a buyer for purposes other 
than resale of such product.
    (d) Implied warranty means an implied warranty arising under State 
law (as modified by sections 104(a) and 108 of the Act) in connection 
with the sale by a supplier of a consumer product.
    (e) Remedy means whichever of the following actions the warrantor 
elects:
    (1) Repair,
    (2) Replacement, or
    (3) Refund; except that the warrantor may not elect refund unless:
    (i) The warrantor is unable to provide replacement and repair is not 
commercially practicable or cannot be timely made, or
    (ii) The consumer is willing to accept such refund.
    (f) Supplier means any person engaged in the business of making a 
consumer product directly or indirectly available to consumers.
    (g) Warrantor means any supplier or other person who gives or offers 
to give a written warranty.
    (h) Consumer means a buyer (other than for purposes of resale or use 
in the ordinary course of the buyer's business) of any consumer product, 
any person to whom such product is transferred during the duration of an 
implied or written warranty applicable to the product, and any other 
such person who is entitled by the terms of such warranty or under 
applicable State law to enforce against the warrantor the obligations of 
the warranty.
    (i) On the face of the warranty means:
    (1) Where the warranty is a single sheet with printing on both sides 
of the sheet or where the warranty is comprised of more than one sheet, 
the page on which the warranty text begins;
    (2) Where the warranty is included as part of a larger document, 
such as a use and care manual, the page in such document on which the 
warranty text begins.