Common use of Xxxxxxxx-Xxxx Warranty Act Clause in Contracts

Xxxxxxxx-Xxxx Warranty Act. The Xxxxxxxx-Xxxx Warranty—Federal Trade Commission Improvement Act14 is a federal consumer protection statute that applies when software is licensed or sold to consumers and the software is “normally used for personal, family or household pur- poses.”15 Vendors subject to the act need to review it carefully and will need much more information than is provided here.16 It is noted here only to explain two types of language typically seen in warranty disclaimers. First, section 102 of the act requires inclusion of the “some states do not allow ” language frequently seen in warranty disclaimers.17 Second, section 103 dictates titling a warranty as “full” or “limited.”18 If the act does not apply because the transac- tion is not with a consumer, then this language is not needed.

Xxxxxxxx-Xxxx Warranty Act. The Xxxxxxxx-Xxxx Warranty—Federal Trade Commission Improvement Act14 Act12 is a federal consumer protection statute that applies when software is licensed or sold to consumers and the software is “normally used for personal, family or household pur- poses.”15 ”13 Vendors subject to the act need to review it carefully and will need much more information than is provided here.16 here.14 It is noted here only to explain two types of language typically seen in warranty disclaimers. First, section 102 of the act requires inclusion of the “some states do not allow ” language frequently seen in warranty disclaimers.17 disclaimers.15 Second, section 103 dictates titling a warranty as “full” or “limited.”18 ”16 If the act does not apply because the transac- tion is not with a consumer, then this language is not needed.