Warranty Rights: What Companies Are Required to Cover (And What They're Not)

Warranties are promises manufacturers and sellers make about their products. Understanding the difference between express warranties (what’s written) and implied warranties (what the law gives you automatically) can help you recover damages when products fail. You have more rights than most people realize.

Types of Warranties

Express Warranty

An express warranty is a specific, written promise about a product. Examples:

• “This phone is warranted for 2 years against defects in materials and workmanship”
• “This TV will function as described for 12 months”
• “This refrigerator will cool to the specified temperature”

Express warranties come from:

• Written statements (product box, instruction manual, website)
• Oral statements (salesperson says “this laptop is built to last”)
• Product advertising (ads describing how the product will perform)
• Product descriptions

Key point: A seller can be bound by what they say about a product, even if it’s not in writing.

Implied Warranty of Merchantability

An implied warranty of merchantability is automatically given by law when you buy a product. It means:

• The product is fit for the ordinary purpose it’s sold for
• The product is reasonably safe
• The product will work as expected
• The product meets public standards for quality

Example: A toaster must toast bread. A car must be safe to drive. A phone must make calls and send texts.

This warranty exists automatically unless the seller explicitly disclaims it (says “as is”).

Implied Warranty of Fitness for a Particular Purpose

If you tell a seller you need a product for a specific purpose, and the seller recommends a product, there’s an implied warranty that the product will work for that purpose.

Example: You tell a store employee “I need a mattress that’s firm,” and they recommend one. That mattress must actually be firm, or you have grounds for a warranty claim.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act (federal law) regulates warranties. Key provisions:

1. Clear warranty terms — Warranties must be written in plain language

2. Full vs. Limited warranties — Sellers must label warranties as “full” or “limited”

   • Full warranty: Seller will fix or replace defective products; covers all defects
   • Limited warranty: Covers only specified defects or time periods

3. Warranty coverage must be reasonable — If a warranty promises coverage, it can’t unreasonably restrict it

4. Right to repair or replacement — If a product is defective, you can get it repaired or replaced

5. Tying is prohibited — Sellers can’t require you to use their service to honor the warranty

6. Warranty disclaimers — To disclaim the implied warranty, a seller must:

   • Use the word “warranty” or similar clear language
   • Use “AS IS” or “WITH ALL FAULTS” (in conspicuous, clear language)
   • Be easily noticed (not buried in fine print)

What “As Is” Means

When a product is sold “AS IS,” it means:

• The seller makes no warranties — not even the implied warranty of merchantability
• You’re accepting the product in its current condition
• The seller isn’t responsible for defects
• You have no recourse if it doesn’t work

However: The “as is” must be:

• Clearly stated (not hidden in small print)
• Use the exact phrase “as is” or “with all faults”
• Be conspicuous (easy to see)

If the disclaimer is buried, a court may find it invalid.

How to Make a Warranty Claim

Step 1: Verify the warranty applies

1. Check your product documentation
2. Find the warranty in the manual or online
3. Verify the product is within the warranty period
4. Confirm the defect is covered (not damage from misuse or accident)

Step 2: Contact the manufacturer

1. Find the warranty or customer service contact

2. Gather your documentation:

   • Proof of purchase (receipt or credit card statement)
   • Product serial number (usually on the product)
   • Photos of the defect
   • Description of the problem

3. Call or email the manufacturer

4. Explain the defect clearly

5. Request warranty service (repair or replacement)

Step 3: Document everything

• Note the date and person you spoke with
• Save all emails
• Keep photos of the defect
• Save proof of purchase

Step 4: Follow the manufacturer’s process

Most manufacturers will:

• Ask you to troubleshoot
• Request photos or video of the defect
• Provide a return shipping label (if returning required)
• Repair or replace the product
• Reship it to you

Step 5: If the manufacturer refuses

If they deny your claim:

1. Review the warranty terms — Are you certain it covers this defect and you’re within the period?
2. Send a formal demand — Email certified mail explaining why the product is covered
3. File a chargeback — If you paid by credit card, dispute the charge claiming the product doesn’t work as warranted
4. Small claims court — Sue the manufacturer for the replacement cost
5. Magnuson-Moss claim — You can sue for violation of the warranty act

Common Warranty Disputes

”That’s not covered because you dropped it”

If you dropped the product and it broke, the manufacturer is right—that’s damage, not a defect. Exception: If a product is so fragile that normal drops break it, the manufacturer might be liable for not warning about this.

”The warranty is void because you used third-party parts”

This is illegal. Under Magnuson-Moss, a manufacturer cannot void a warranty simply because you used non-brand parts. They must prove the third-party part caused the problem.

”You voided the warranty by opening the phone”

This is also illegal. Manufacturers cannot void warranties because you opened the device (unless a seal is present and breaking it causes damage). Right to repair laws increasingly prevent this.

”There’s no defect; it’s just your expectations”

If a product doesn’t work as represented, that’s a defect—regardless of the manufacturer’s expectations. If they promised it would do something, it must do it.

Small Claims Court for Warranty Disputes

If the manufacturer won’t honor a warranty:

File in small claims court:

1. Gather evidence:

   • Proof of purchase
   • Warranty document
   • Photos/video of defect
   • Communication with manufacturer
   • Expert testimony (if applicable, showing it’s defective)

2. Calculate damages:

   • Replacement cost (price you paid)
   • Repair costs (if repaired elsewhere)
   • Shipping costs
   • Sales tax

3. File complaint with small claims clerk

4. Serve the manufacturer — Notify them of the lawsuit

5. Attend hearing — Present your evidence and argument

6. Receive judgment — If you win, you get a judgment for the amount

Advantages:

• No lawyer required
• Inexpensive ($50-$300 filing fee)
• Relatively fast (30-90 days)

Disadvantages:

• Limited to small amounts ($5,000-$25,000 depending on state)
• You must prove your case
• May be difficult to enforce if they don’t pay

Extended Warranties: Are They Worth It?

Retailers often offer extended warranties (additional coverage beyond the manufacturer’s warranty). Generally, they’re not worth it because:

• They’re expensive (20-30% of product price)
• They often duplicate manufacturer warranties
• Most electronics work within the first few years
• Credit card extended warranty protection is often included free

Exception: Extended warranties may be worth considering for:

• Products you’ll use heavily (appliances)
• Expensive items (TVs, computers)
• Products with high repair costs

Right to Repair

Increasingly, states are passing “right to repair” laws requiring manufacturers to:

• Provide repair parts and manuals to consumers and independent repairers
• Not void warranties when third parties repair
• Not restrict access to repair information

These laws strengthen warranty rights significantly.

Resources

• Magnuson-Moss Warranty Act: 15 U.S.C. § 2301 et seq.
• FTC warranty information: ftc.gov/articles/warranty
• Your product documentation: Check your box or manual for warranty terms
• iFixit: Repair guides for thousands of products

Related Guides

• Consumer Rights Guide: The Complete Protection Guide — the hub for all consumer protection topics
• Lemon Law Guide: What to Do When Your Car Is Defective
• Credit Card Chargeback Rights: How to Dispute a Charge and Win
• Small Claims Court Guide: How to Sue Without a Lawyer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always verify current rules or consult a licensed attorney for advice specific to your situation. Last reviewed: March 2026.