§2301 Definitions

Summary

Sets the meanings of key words used in the chapter. Consumer product means a physical item sold in trade for personal, family, or household use, including things meant to be attached to real property. Commission means the Federal Trade Commission. Consumer means the buyer (not a reseller), someone who gets the product while a written or implied warranty or service contract is in effect, or anyone the warranty or State law lets enforce the warranty. Supplier means a person or business that makes a consumer product available to buyers. Warrantor means a supplier or other person who promises a written warranty or who may have obligations under an implied warranty. Written warranty means a written promise about the product’s materials or workmanship or a written promise to repair, replace, or refund if the product fails. Implied warranty means a warranty created by State law (as modified by sections 2308 and 2304(a)). Service contract means a written agreement to perform maintenance or repairs for a set time. Reasonable and necessary maintenance means tasks a consumer can reasonably do or have done that are needed to keep the product working. Remedy means the warrantor’s choice of repair, replacement, or refund. Replacement means giving a new product that is the same or reasonably equivalent. Refund means returning the actual purchase price, minus reasonable depreciation allowed by the Commission’s rules. Distributed in commerce means sold, offered, or held for sale. Commerce means trade or transport between a place in a State and any place outside it, or activity that affects that trade. State includes the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, and American Samoa; State law also includes U.S. laws that apply only to DC or a territory, and Federal law does not include State law.