[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: 16CFR702.1]

[Page 533-534]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 702--PRE-SALE AVAILABILITY OF WRITTEN WARRANTY TERMS--Table of Contents
 
Sec. 702.1  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

[[Page 534]]

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) Warrantor means any supplier or other person who gives or offers 
to give a written warranty.
    (e) Seller means any person who sells or offers for sale for 
purposes other than resale or use in the ordinary course of the buyer's 
business any consumer product.
    (f) Supplier means any person engaged in the business of making a 
consumer product directly or indirectly available to consumers.

[40 FR 60189, Dec. 31, 1975, as amended at 52 FR 7574, Mar. 12, 1987]