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Implied warranties are based upon the common law principle of "fair value for money spent," There are two types of implied warranties that occur in consumer product transactions.

is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them.

Federal law prohibits you from disclaiming implied warranties on any consumer product if you offer a written warranty for that product (see What the Magnuson-Moss Act Requires) or sell a service contract on it (see Offering Service Contracts).

You should be aware that even if you sell a product "as is" and it proves to be defective or dangerous and causes personal injury to someone, you still may be liable under the principles of product liability.

As with new merchandise, implied warranties on used merchandise apply only when the seller is a merchant who deals in such goods, not when a sale is made by a private individual.

If you do not offer a written warranty, the law in most states allows you to disclaim implied warranties.

It means only that the product must be of normal durability, considering its nature and price.

It is a statement about the integrity of your product and about your commitment to correct problems when your product fails.

This manual is intended as a businessperson's guide to the basic features of the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products.

The text provides citations to specific sections of the law—the Warranty Act itself, the Rules the Federal Trade Commission (FTC) adopted under the Act, and the FTC's Warranty Advertising Guides.

The manual is intended as a tool for you to use in consultation with your attorney, not as a substitute for your attorney's advice.

The names of the companies in the examples in this manual are fictitious; any resemblance between them and the names of actual companies is completely coincidental.

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