e-Shopping: Warranty

Warranties - Is there a written warranty?

If there’s a written warranty, it must be made available to you before you buy the item. When you review the warranty, look for the same information buying online as you would buying from a store or catalog:

• What does it cover and how long does it last?
• Whom do you have to contact for repair, refund, or replacement under a warranty?
• Is the seller limiting its liability if the item doesn’t work or causes damage?

A "full" warranty generally means that you’re entitled to free repair of the product during the warranty period, and do not have to pay shipping, removal, or re-installation costs. If the seller cannot fix the product after a reasonable number of attempts, you’re entitled to a free replacement or full refund.
Any lesser warranty is "limited." As you’d expect, there are more limited warranties than full ones. Nonetheless, they often provide substantial protection and value to a consumer.
If a product is sold "as is" or "with its faults" that means the seller gives no warranty. If the seller "disclaims the implied warranty of merchantability," that means the seller does not promise that the goods are fit for ordinary use. In some instances, the law provides that you must be given this warranty of fitness for ordinary use. Then a disclaimer isn't effective. A lawyer could advise you on when this is so.
Liability - Are there limitations of liability on the warranty agreement?
The seller might say that if something goes wrong with the item you purchased, the seller is liable only for a fixed amount of money. Or, the seller is only required to repair or replace the item. Even if you have suffered other damages–say you lost thousands of dollars in business because your computer crashed–you’d only collect for the value of the product or the cost of repair.

Arbitration or Mediation - Arbitrate or mediate?

Check the agreement to see if you’re able to go to court to sue. Some agreements say that you have to go to arbitration (have a third party decide the case) and give up your right to ever go to court. Or the agreement could specify that you must attempt to mediate any disagreement (through a third party, who will attempt to settle the case) before you can take your claim into court.
Suing - Where can you sue?
The seller may try to specify that you can only sue in a certain state. If it’s not your home state, you might have to travel to the seller’s state if you want to sue.

Under whose law will you sue?

Not only can the seller try to specify which state’s courts will hear your case, but also which state’s laws apply. The terms might not only require you to sue in Texas’ courts, but also require the Texas courts to apply New Jersey law. This could result in courts far from home applying the law of a state that might be particularly tough on cases like yours.

Time Limit - Is there a time limit on lawsuits?

In most states, you have at most four years to sue if you think the seller has violated the warranty. Wait longer, and you’ve lost your right to sue. Often, you’ll find that the seller has cut the time to as little as one year. But take note that the seller can’t limit the statute of limitations to less than one year. Find out the statute of limitations (time limit) on lawsuits by checking the seller’s legal terms posted on its web site or see if a time has been specified in its correspondence with you.
Damaged Merchandise - What happens if your purchase is damaged or missing a piece?
To preserve your legal rights, inspect your purchase carefully as soon as you receive it. Contact the seller as soon as possible if you discover a problem with it. Tell the seller in writing about any problem that you are concerned with, ask for a repair or refund and keep a copy of your correspondence.

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