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OBDII Converter Basics
1. What does cat back mean?
Answer>
This describes a section of an exhaust system that installs
after the catalytic converter(s) and is complete to the final
exhaust tip(s). CATBACK is a performance aftermarket exhaust
phrase that just means any exhaust systems installed (new or
replacement) after the catalytic converters. This is the most
common purchased system for a replacement or high performance
exhaust system. A cars exhaust system is made up of a header/exhaust
manifold, catalytic converter (since 1975 in USA) and rear “catback”
exhaust system that runs under the car and disperses the used
exhaust fumes out the rear of the car through a tail-pipe or
tip.
2. What can Fabspeed Motorsport
USA performance parts offer my car that is better than the factory
Porsche, Ferrari, Lamborghini, Maserati, Bentley factory systems?
Why would I change something that the factory has developed?
Answer> The automotive OEM manufacturers
and factories purposely holds power and sound in reserve in
all of their late model cars, so that the upgrades can be made
gradually and released as each new model year arrives. This
is done to entice the consumer to upgrade their car to the latest
model to reap the benefits of the latest yearly new model enhancements.
Furthermore, most OEM automotive manufacturers deliberately
make their high performance and exotic cars sound very very
mild and almost have no sports car sound as most consumers want
to be seen in a car and not heard. Often cars like Porsche Twin
Turbos sound like vacuum cleaners.
The truth is exotic sports cars designs are flawless and major
drive train changes are rarely seen, but these basic designs
leave much room for improvements, improvements that the factory
will make. If you chose Porsche you are a smart consumer who
has made a wise investment, so the real question is wouldn’t
it be wise to get the most performance available. For example
your home is a wise investment would you consider selling it
to buy another just to make minor upgrades or just upgrade your
investment. If you notice every 5 to 6 years a NEW car models
comes out for all automotive manufacturers and these car gain
about 15 to 35HP and cost goes up $10,000.00 to $30,000.00 Look
at it this way we are not smarter than the manufactures they
are multibillion dollar companies, truly we are not improving
what they have done, but rather that they have purposely restricted
your cars true ability ALL WE ARE DOING IS UNRESTRICTING IT!!!
3. What makes Fabspeed products
better than the other performance part makers on the market?
Answer> The number one reason
is quality; we use the highest quality materials so we stand
behind all of our products with a lifetime guarantee. Secondly
we design, develop, thoroughly test ( street, racetrack and
Dyno test) all of our products in house. Our goal is to make
improvements over stock in real world numbers HP/ Torque. Third
we make our parts to work in conjunction with all factory parts,
what this means to you is that you will have the ability to
make these upgrades one piece at a time if you choose, and will
not run into problems with installation or setting off any warning
lights. Our systems are a la carte so you can install a complete
super high performance replacement package for your car and
or just change a simple rear muffler.
In addition, most European and USA tuners just try to make something
for your car and or just buy from some vendor with the ONLY
criteria is low price and THEN just resell that system that
no short or longterm testing.
4.
What is O.E.M?
Answer>
This is an acronym for “Original equipment manufacturer”.
This term signifies the parts are original designed for the
car and originally installed on the car by the automotive manufacturer
that originally assembled the vehicle.
5.
Mufflers?
Answer>
Mufflers are the rear boxes that are also called silencers,
back boxes in the UK and mufflers in the USA. Mufflers quiet
the exhaust systems of all internal combustion engines. Mufflers
absorb sound and noise. Typically OEM manufacturers make all
cars ultra quiet to be conservative.
6.
Why buy aftermarket mufflers like a Fabspeed Motorsports system?
Answer> Because
you will gain horsepower and torque and the car will feel faster
and more lively. You save weight from your vehicle and have
more aggressive sports car sound and a better driving experience.
People like to customize their cars so they don’t sound
like quiet sewing machines. It is fun to personalize your car
with sportcar sound and more power and have an exhaust system
that will last forever.
7. What
is T304SS? Why does Fabspeed use it? Why don’t OEM exhaust
systems utilize it?
Answer>
T304SS is an acronym for Type 304 Stainless steel. This is aircraft
grade non magnetic stainless steel that is super premium and
superb quality for exhaust systems, pots/pans/cookware/utensils
and etc. T304SS will never rust and fall apart like regular
steel exhaust systems and will last longer that the vehicle.
The OEM manufacturers typically never use T304SS as it is extremely
expensive and difficult to work with and manufacture. OEM manufacturers
are trying to make as much unit profit per vehicle as possible
as this is what OEM’s must do for quarterly results and
stock price for their shareholders. OEM’s also like to
sell new OEM replacement exhaust systems several years later
to customers when their stock OEM exhaust falls apart after
the warranty has expired.
8. Cat bypass pipe?
Answer>
This is an exhaust part that replaces the catalytic converter
with a straight tube or pipe where the catalytic converter was
originally located. This can also be called a cat delete pipe.
These types of parts are typically for off-road and racing only
and not allowed on USA pollution controlled vehicles. Removing
catalytic converters can add significant sports car sound and
power on certain vehicles. In racing removing the catalytic
converters is advantageous as you save weight and add power
at the same time.
9. Headers
Answer> This is the first part
of the exhaust system that bolts directly onto the engines cylinder
heads. Headers are also called exhaust manifolds. Stock headers
usually are not very efficient, meaning the configuration does
not allow for the maximum flow of the exhaust gases. Fabspeed
headers are a great exhaust upgrade as in our design the pipe
bends to allow the exhaust gases to flow with the least restriction.
OEM make headers as cheaply in mass production as possible and
power is a not the major criteria.
**simple
rule of thumb- upgrades done to increase the amount of air and
fuel going into the engine add power. Making the exhaust systems
flow better and evacuate the spent exhaust gasses also adds
power.
10. Air intake system- COLD
AIR and CUP intake systems?
Answer>
This refers to a modification or total replacement of the OEM
air intake system. Modifications include different air box lids
complete removal of the lid and the total replacement of the
stock air box with free flowing filters and larger diameter
tubes. All this is done to accomplish more air being allowed
to enter into the engine easier. **simple rule of thumb- upgrades
done to increase the amount of air and fuel going into the engine
add power. Making the exhaust systems flow better and evacuate
the spent exhaust gasses also adds power.
11.
Sport and Race catalytic converters. What is the advantage to
the OEM catalytic converters and why get them?
Answer>
These specially designed catalytic converters still do the job
of reducing and controlling vehicle tailpipe emissions but allow
a better flow of exhaust gases making a more power and sports
car sound. The factory computer is designed to read the exhaust
gasses in the catalytic and automatically make engine adjustments
to fuel, air and timing so that the car runs consistently better
in all types of conditions. Including these with a complete
system is the another way to gain the maximum performance and
added sports car sound. OEM catalytic converters are often 500CPSI
to 700CPSI and very expensive and very restrictive. If the OEM
catalytic converters fail/break why should you spend spend several
thousand dollars/EUROs the same low performance restrictive
cats.
12. Why German imported
sports race catalytic converters?
Answer>
These are made in Germany and are durable enough to handle the
rigors and abuse of running at top speed on the Autobahn. Fabspeed
uses them because if they can handle and stand up to the abuse
of almost race track conditions without failure then they will
most certainly stand up to the US market and our customer applications
for street or pure track use. However this durability and performance
comes with a price, German sport race cats are expensive. Fabspeed
competitors will often utilize cheap domestic made catalytic
converters to save money and these may work for a shorter period
and when they fail you are on your own.
Click Here for HJS information regarding
catalytic converters (English)
Click Here for HJS information regarding
catalytic converters (German)
13.
Muffler bypasses pipes?
Answer>
This exhaust configuration will eliminate the rear mufflers.
This will indeed allow for maximum flow however, the sound produced
is not desired by everyone, if you are looking for the most
performance and the most aggressive sound then muffler bypass
is for you.
14. How does Fabspeed
offer several loudness levels of exhaust systems for the same
car?
Answer> Mufflers
primary function is to quiet the sound produced by the engine
and exhaust gases rapidly escaping the car through the exhaust
system. By changing the configuration of the bends, size of
the tubing used, number of ports, and use of different packing,
chambers, and baffling materials, Fabspeed can control the sound
level produced while still gaining horsepower and torque. We
know that our customers have different opinions about how mild,
sporty or aggressive their cars should sound this is why Fabspeed
has developed several sound levels so that the customer can
have a choice. Unlike other exhaust manufactures who make only
one and have a take it or leave it attitude to the customer
as far as the sound goes. Or Fabspeed competitors that fictitiously
“offered” varied sound levels BUT actually sell
on 1 sound level muffler to save money and stocking costs as
they only will carry 1 brand or sound level of mufflers due
to cash flow.
15. Return policy?
Answer> Fabspeed reserves the
right to charge a 30% restocking fee. If they decide during
that period to return a products they must call to get a RA
number (return authorization number) and they should write a
letter requesting what they would like and what they would like
Fabspeed to do for they. A copy of the original invoice is required
too. Please check your order thoroughly upon receipt and contact
us immediately with any problems for a return authorization
number. Returns received without an R.A. or with an incorrect
R.A. may be refused and send back to the customer and if accepted
charged a restocking fee. There are NO returns 30 days after
the invoice date under any circumstances and absolutely no returns
on special orders or custom made parts.
16.
Warranty policies?
Answer>
LIFETIME LIMITED WARRANTY to the original
customer. Fabspeed offers a lifetime limited warranty
on all our systems. The lifetime warranty is offered to the
original purchaser and covers materials and construction. If
the system should ever have a problem, the original purchaser
must send the systems back to Fabspeed prepaid in full for inspection
and Fabspeed will repair, fix, or replace as required determined
by Fabspeed’s technical staff. Catalytic
converters are covered under this warranty for 24 months after
purchase; any problems outside this timeframe will have to be
covered by the original consumer.
Warranty applies to construction and materials only. There is
NO warranty of sound quality as this is subjective. Fabspeed
is not responsible for any costs (parts, labor, and miscellaneous)
incurred by the customer for warranty. There are no other implied
warranty or warranty for purpose and or use.
17
Shipping policy?
Answer>
Orders placed before noon EST (Eastern Standard Time) will under
normal circumstances ship the same day. Orders placed after
12:00 noon EST will usually ship the next day. Any custom parts
or items that receive special modification due to the nature
of the application or the revision or improvement to an existing
design will usually ship in two to three business days. Fabspeed
is constantly striving to keep up with the demand of our high
quality parts by trying to predict market trends and maintain
in stock quantities however should a part become currently out
of stock and in the manufacturing process, it will be shipped
as soon as they become available.
18.
Original purchaser?
Answer>
This term refers to the customer who originally purchased
performance parts form Fabspeed Motorsports. Fabspeed will verify
the original purchaser.
19. German
tuners versus Fabspeed? European tuners versus Fabspeed ? Why
go with Fabspeed USA over European tuners systems?
Answer> Don’t be fooled
into believing that just because you car came from Europe that
the only good performance parts or upgrades have to come from
overseas. We work tirelessly to bring you the best parts in
terms of quality and performance at the best prices. The numbers
don’t lie, we are making horsepower and torque gains and
have been successful in unleashing your cars true potential
this comes from a lifetime dedicated to doing. Performance and
credibility has nothing to do with where we or they are located
geographically. Often the Europeans don’t even try to
maximize power and often lose power. European tuners will often
rely on European car owners false assumption that “since
their cars came from Europe the best performance parts must
come from Europe and also cost a fortune”. If there is
a part out there that we feel is better made than we can make
it we use it such as the German sport cats. Don’t believe
German tuners just because of thick German accents, super high
prices and autobahn no speed limit hype.
20.
DYNO testing and development? Street, race track and DYNO verified?
Answer> A DYNO is
a machine designed to measure the actual horsepower and torque
output or your engine. Here at Fabspeed we rely on these real
world numbers when testing our performance parts, to ensure
our gains and claims to them. Street tested means that the parts
were put on a car and the car was driven around to make sure
the car sounded and worked well. Race track tested means these
parts were used under race conditions for durability testing
and race testing. Fabspeed has supplied parts for amateur Porsche,
Ferrari, Lamborghini, BMW club racing and DE events and also
for many professional race teams. We have supplied teams in
Grand AM, ROLEX 24hours @ Daytona and Professional Sportscar
Racing.
21. Fabspeed Dealers
and installers?
Answer>
Fabspeed Motosrport is a name in auto performance that
is recognized all over the world. We have an extensive list
of dealers in many countries. Some of our dealers not only sell
Fabspeed products but also do the installation. They assist
the many Fabspeed customers who do not have the luxury to visit
our facility in having these parts installed. Any customer who
wished to purchase directly for us and have their car worked
on in our facility is welcome as we have had customers from
all over the United States visit us. We are located in Ambler,
PA. a suburb of Philadelphia, Pennsylvania. If you choose to
make an appointment for the trip here you are welcome to have
your parts professionally installed while you wait. If a Fabspeed
dealer/installer is closer to your location you should see them
as they can quickly and easily install our systems for you and
save you time.
22. Internet advice
and chat rooms?
Answer>
Remember to take all that you hear with a grain of salt and
to use a little of your own judgment when selecting performance
parts. One thing I will point out is to try to base as much
information you compile on facts rather than on opinion. Everyone
has an opinion and we respect that but some points are undisputable
in the world of performance parts. Anyone can post on the internet
and often these “posters” are not unbiased and often
competitors or companies trying to gain an advantage over another
company. We advertise our products using real world data compiled
from DYNO results for horsepower and torque. Remember these
are performance parts you are buying and if they don’t
perform or have no proof they perform then you are wasting your
money. Fabspeed has a 20,000sqft facility specifically designed
to manufacturer and distribute the best parts for your exotic
car. Often an internet company can be someone in their house/apartment/condo
that has a BIG website but no knowledge of parts and is just
“selling” parts and you will have no recourse if
something goes wrong.
23. Fabspeed
Motorsports performance packages? Why get everything that was
designed to work together?
Answer>
A performance package is clearly the best way to go.
The reason is it makes all the improvements to your stock system
immediately as we pointed out in the beginning the automotive
OEM manufacturers and factories purposely holds a little power
in reserve in all of their late model cars, so that the upgrades
can be made gradually and released as each new model year arrives.
This is done to entice the consumer to upgrade their car to
the latest model to reap the benefits of the latest upgrades.
A performance package allows you to do everything possible (bolt
on application) to reap the benefits you car was really designed
to deliver. Some people do upgrades one part at a time and you
will make gradual gains along the way, this is usually done
when money is a factor and the performance parts are limited
by your budget but if money is not an issue clearly it makes
the most sense to upgrade all of the factory parts that restrict
your performance. Look at it this way we are not smarter than
the manufactures they are multibillion dollar companies, truly
we are not improving what they have done, but rather that they
have purposely restricted your cars true ability all we are
doing is unrestricting it!!! **simple rule- upgrades done to
increase the amount of air and fuel going into the motor while
unrestricting the exhausts ability to escape, produce added
horsepower.
24. High performance
BMC F1 air filters and K&N?
Answer>
These Air filters offer the ability to clean the air
from dust and dirt just like your stock air filter but by design
allow more air to flow through them. These filters also offer
the ability to be cleaned and reused so they can prove to be
very cost effective over time. These filters are lifetime washable/reoilable
and re-useable filters that will last forever.
25.
ECU Tuning, performance software and DME chips?
Answer>
Almost every late model car has a computer to monitor and control
its functions and these computers have basic programs installed
from the factory that is tuned for the lowest octane gasoline.
Manufacturers tune for low octane gasoline as this protects
their cars from leasees that will put the cheapest gas in the
car to save money as they don’t own the car. Fabspeed
software can significantly add the horsepower and torque and
enjoyment of the car by reprogramming or changing a computer
chip which in turn changes its functions to allow more fuel,
air timing changes power curves. If you use high octane gasoline
for your exotic car and or have other upgrades then a Fabspeed
software tuning chip or flash will add additional power for
your car and enhance your driving experience.
26.
Installation instructions and doityourselfers?
Answer>
Fabspeed is currently including a copy of installation instructions
with most of its products. If you are somewhat mechanically
inclined you can install most products by yourself. However
if you are within driving distance we encourage you to come
in to Fabspeed and or see one of our dealers/installers for
a professional installation. Fee free to contact Fabspeed and
we will put you into contact with one of our many dealers around
the world.
27. Will Fabspeed
parts work with my OEM exhaust and or other aftermarket brand
exhaust systems?
Answer>
Yes - most Fabspeed exhaust parts will work with your OEM and
actually compliment your OEM exhaust system. This will allow
you to upgrade your system one part at a time. (Headers, cats,
mufflers ect… ) But is has been our experience that customers
overall are more satisfied by replacing the whole system at
once and even going the full spectrum of a complete performance
package, you get more for you money and saves a lot of time.
Special discounts may apply for purchasing a complete performance
package.
28. Magnusson Moss Act?
Answer>
The United States Government actually passed a law that states
any modifications that do not or cannot cause damage to the
car will not void the factory warranty. The Magnuson Moss act
was created to protect USA comsumers and give us right and power
so manufacturers can NOT deny warranty coverage. The ONLY way
warranty coverage can be DENIED is when a parts or procedure
specifically caused a failure or warranty claim. For example,
if you installed a high performance exhaust system on your Ferrari
or set of custom wheels and your RADIO failed or your power
windows stopped working or your A/C stopped cooling then Ferrari
can not void warranty coverage. Logically, if you installed
a Supercharger or Nitrous Oxide system or a Turbo on your Ferrari
and you hurt the engine and it blows oil… then logically
Ferrari could and would void engine warranty. The other parts
of the Ferrari automobile would be fully covered by warranty.
29. Why is my dealer trying
to talk me into “X BRAND exhaust/intake”? Why are
they discouraging me from buying a Fabspeed systems or any system?
Answer> Some dealers will push
the products within which they make the most money or has the
highest mark up. Others will truly tell you what they think
is best. Use your own judgment look at the numbers and make
the educated decision for yourself. I say this because I believe
in my products and believe we do if not the best then one of
the best jobs out there in performance parts manufacturing industry.
I welcome the competition because I stand behind my products
and the research, materials and craftsmanship that goes into
each one. And I believe if you the customer use this criteria
in making your decision, choosing Fabspeed will be an easy choice.
30. Bone Stock?
Answer>
A car with no modifications done to it. A car right off the
dealers lot as it was delivered from the factory.
31.
Why is my dealer trying to talk me into leaving my car BONE
STOCK?
Answer> Some
dealers are conservative and also look at new cars as a commodity
and also have no passion. Often they just want to sell the cars
and get them financed and out of the store. Other dealers may
have also had poor experiences with aftermarket products and
frown on making changes. Certain dealers may never have seen
Fabspeed Motorsports quality systems.
32.
Reliability and warranty?
Answer>
Changing your exhaust and air intake system will have no effect
on factory warranty. Legislation actually passed a law that
states any modifications that do not or cannot cause damage
to the car will not void the factory warranty. Exhaust and intake
modifications actually let your car breath better and will not
change the reliability. Many OEM manufacturers have actually
created aftermarket products for cars to try to make some additional
sales.
33. Emissions legal in
USA and World emissions legality?
Answer>
Fabspeed exhaust systems designed for street application are
designed to comply with emission and warranty. You will have
no problem passing emission tests. However, certain Fabspeed
products are for “off road racing use only” and
not emission complaint. Sports race catalytic converters with
200 cells and catbypass pipes and certain other parts may not
be approved or certified for your region or state. Please check
with your local laws and regulations.
34.
SLEEPER?
Answer> A
car that appears not to be modified in any way but has many
modifications to increase power and performance.
35.
Resonance and noise?
Answer>
This term refers to a hum or drone caused by the exhaust usually
at a specific RPM range. Fabspeed has designed their systems
to eliminate this. Fabspeed use extra strong heavy guage T304SS
to eliminate noise and vibration.
36.
Are there thinner stainless steel and cheaper systems out there?
Answer> Some manufactures use
a thinner grade of stainless steel to save money this just results
in a shorter life span and a faster breakdown in the material
and a greater chance of resonance or vibration. Don’t
buy just based on shiny exterior appearances and low price or
you will 100% regret it.
37.
TIG welding and MIG welded systems?
Answer>TIG
welding stands for tungsten inert gas welding this welding is
a more precise and more visually pleasing than MIG welding.
Fabspeed TIG welds all of their products. Each type of welding
process is a good process. OEM manufacturers MIG weld as it
is cheaper and much much faster.
38.
Ceramic refractory matting and stainless steel wool packing?
Answer>This refers to the type
of packing that is used inside the mufflers to help quiet them
down, Fabspeed uses both ceramic refractory matting and stainless
steel wool. Fabspeed materials greatly exceed the industry standard
as these are the best packing products available and last the
longest with the most durability.
39.
Tri-metallic catalytic converters and wash coats?
Answers> Metallic catalytic
converters are catalytic converter cores made with stainless
steel mesh cores. These are extremely durable and cannot break
up like ceramic/glass based cores. Fabspeed ONLY use metallic
cores from Germany with 3 precious metals. Platinum, Palladium
and Rhodium are on our proprietary wash coat that is applied
the metal substrate.
40. Track events, Drivers education, racing and dual usage?
Answer> Our systems are designed
with the true auto enthusiast in mind by allowing you to interchange
parts for different applications. Many of our customers drive
their cars on the street and race track (Drivers Education/Racetrack)
and even do autocrosses (timed parking lot racing with cones).
Customers have a daily driver street car and a racecar all in
one. This is dual usuage. We design these systems to withstand
the rigorous abuse of race track use so don’t hesitate
to use it.
41. Will it void my
factory warranty? Magnuson
Moss Warranty act of 1975
Answer>
NO.
Fabspeed Motorsports exhaust systems are designed as high
performance replacement systems for the OEM (original equipment
manufacturer) exhaust system. Automotive cat-back exhaust
systems (see prior definition) and our rear exhaust systems,
and regular bolt-on replacement mufflers and tips are 50-state
emissions legal. In fact, it is illegal for a dealer to deny
you the OE warranty because you have changed the exhaust system.
If your vehicle manufacturer fails to honor emission/warranty
claims, contact EPA at (202) 260-2080 or www.epa.gov. If federal
warranty protection is denied, contact the FTC at (202) 326-3128
or www.ftc.gov. For additional information, check out the
following links:
Consumers
Bill of Rights
What You Can Do If Your Warranty Is Denied
Federal Warranty Laws
Vehicle Manufacturer Warranty Contact Phone Numbers
Here is the Magnuson-Moss Warranty Act of 1975.
MAGNUSON MOSS WARRANTY ACT
US Code - Title 15, Chapter 50, Sections 2301-2312
Section 2301. Definitions
(1) The term "consumer product" means any tangible
personal property which is distributed in commerce and which
is normally used for personal, family, or household purposes
(including any such property intended to be attached to or
installed in any real property without regard to whether it
is so attached or installed).
(2) The term "Commission" means the Federal Trade
Commission.
(3) The term "consumer" means a buyer (other than
for purposes of resale) of any consumer product, any person
to whom such product is transferred during the duration of
an implied or written warranty (or service contract) applicable
to the product, and any other person who is entitled by the
terms of such warranty (or service contract) or under applicable
State law to enforce against the warrantor (or service contractor)
the obligations of the warranty (or service contract).
(4) The term "supplier" means any person engaged
in the business of making a consumer product directly or indirectly
available to consumers.
(5) The term "warrantor" means any supplier or
other person who gives or offers to give a written warranty
or who is or may be obligated under an implied warranty.
(6) The term "written warranty" means -
(A) any written affirmation of fact or written promise made
in connection with the sale of a consumer product by a supplier
to a buyer which relates to the nature of the material or
workmanship and affirms or promises that such material or
workmanship is defect free or will meet a specified level
of performance over a specified period of time, or
(B) any undertaking in writing in connection with the sale
by a supplier of a consumer product to refund, repair, replace,
or take other remedial action with respect to such product
in the event that such product fails to meet the specifications
set forth in the undertaking, which written affirmation, promise,
or undertaking becomes part of the basis of the bargain between
a supplier and a buyer for purposes other than resale of such
product.
(7) The term "implied warranty" means an implied
warranty arising under State law (as modified by sections
2308 and 2304(a) of this title) in connection with the sale
by a supplier of a consumer product.
(8) The term "service contract" means a contract
in writing to perform, over a fixed period of time or for
a specified duration, services relating to the maintenance
or repair (or both) of a consumer product.
(9) The term "reasonable and necessary maintenance"
consists of those operations
(A) which the consumer reasonably can be expected to perform
or have performed and
(B) which are necessary to keep any consumer product performing
its intended function and operating at a reasonable level
of performance.
(10) The term "remedy" means whichever of the following
actions the warrantor elects:
(A) repair,
(B) replacement, or
(C) refund;
except that the warrantor may not elect refund unless (i)
the warrantor is unable to provide replacement and repair
is not commercially practicable or cannot be timely made,
or (ii) the consumer is willing to accept such refund.
(11) The term ''replacement'' means furnishing a new consumer
product which is identical or reasonably equivalent to the
warranted consumer product.
(12) The term "refund" means refunding the actual
purchase price (less reasonable depreciation based on actual
use where permitted by rules of the Commission).
(13) The term "distributed in commerce" means sold
in commerce, introduced or delivered for introduction into
commerce, or held for sale or distribution after introduction
into commerce.
(14) The term "commerce" means trade, traffic,
commerce, or transportation -
(A) between a place in a State and any place outside thereof,
or
(B) which affects trade, traffic, commerce, or transportation
described in subparagraph (A).
(15) The term "State" means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, the Canal Zone, or American Samoa. The term "State
law" includes a law of the United States applicable only
to the District of Columbia or only to a territory or possession
of the United States; and the term "Federal law'"
excludes any State law.
Section 2302. Rules governing contents of warranties
(a) Full and conspicuous disclosure of terms and conditions;
additional requirements for contents In order to improve the
adequacy of information available to consumers, prevent deception,
and improve competition in the marketing of consumer products,
any warrantor warranting a consumer product to a consumer
by means of a written warranty shall, to the extent required
by rules of the Commission, fully and conspicuously disclose
in simple and readily understood language the terms and conditions
of such warranty. Such rules may require inclusion in the
written warranty of any of the following items among others:
(1) The clear identification of the names and addresses of
the warrantors.
(2) The identity of the party or parties to whom the warranty
is extended.
(3) The products or parts covered.
(4) A statement of what the warrantor will do in the event
of a defect, malfunction, or failure to conform with such
written warranty - at whose expense - and for what period
of time.
(5) A statement of what the consumer must do and expenses
he must bear.
(6) Exceptions and exclusions from the terms of the warranty.
(7) The step-by-step procedure which the consumer should
take in order to obtain performance of any obligation under
the warranty, including the identification of any person or
class of persons authorized to perform the obligations set
forth in the warranty.
(8) Information respecting the availability of any informal
dispute settlement procedure offered by the warrantor and
a recital, where the warranty so provides, that the purchaser
may be required to resort to such procedure before pursuing
any legal remedies in the courts.
(9) A brief, general description of the legal remedies available
to the consumer.
(10) The time at which the warrantor will perform any obligations
under the warranty.
(11) The period of time within which, after notice of a defect,
malfunction, or failure to conform with the warranty, the
warrantor will perform any obligations under the warranty.
(12) The characteristics or properties of the products, or
parts thereof, that are not covered by the warranty.
(13) The elements of the warranty in words or phrases which
would not mislead a reasonable, average consumer as to the
nature or scope of the warranty.
(b) Availability of terms to consumer; manner and form for
presentation and display of information; duration; extension
of period for written warranty or service contract
(1)
(A) The Commission shall prescribe rules requiring that the
terms of any written warranty on a consumer product be made
available to the consumer (or prospective consumer) prior
to the sale of the product to him.
(B) The Commission may prescribe rules for determining the
manner and form in which information with respect to any written
warranty of a consumer product shall be clearly and conspicuously
presented or displayed so as not to mislead the reasonable,
average consumer, when such information is contained in advertising,
labeling, point-of-sale material, or other representations
in writing.
(2) Nothing in this chapter (other than paragraph (3) of
this subsection) shall be deemed to authorize the Commission
to prescribe the duration of written warranties given or to
require that a consumer product or any of its components be
warranted.
(3) The Commission may prescribe rules for extending the
period of time a written warranty or service contract is in
effect to correspond with any period of time in excess of
a reasonable period (not less than 10 days) during which the
consumer is deprived of the use of such consumer product by
reason of failure of the product to conform with the written
warranty or by reason of the failure of the warrantor (or
service contractor) to carry out such warranty (or service
contract) within the period specified in the warranty (or
service contract).
(c) Prohibition on conditions for written or implied warranty;
waiver by Commission No warrantor of a consumer product may
condition his written or implied warranty of such product
on the consumer's using, in connection with such product,
any article or service (other than article or service provided
without charge under the terms of the warranty) which is identified
by brand, trade, or corporate name; except that the prohibition
of this subsection may be waived by the Commission if -
(1) the warrantor satisfies the Commission that the warranted
product will function properly only if the article or service
so identified is used in connection with the warranted product,
and
(2) the Commission finds that such a waiver is in the public
interest. The Commission shall identify in the Federal Register,
and permit public comment on, all applications for waiver
of the prohibition of this subsection, and shall publish in
the Federal Register its disposition of any such application,
including the reasons therefor.
(d) Incorporation by reference of detailed substantive warranty
provisions
The Commission may by rule devise detailed substantive warranty
provisions which warrantors may incorporate by reference in
their warranties.
(e) Applicability to consumer products costing more than
$5
The provisions of this section apply only to warranties which
pertain to consumer products actually costing the consumer
more than $5.
Section 2303. Designation of written warranties
(a) Full (statement of duration) or limited warranty
Any warrantor warranting a consumer product by means of a
written warranty shall clearly and conspicuously designate
such warranty in the following manner, unless exempted from
doing so by the Commission pursuant to subsection (c) of this
section:
(1) If the written warranty meets the Federal minimum standards
for warranty set forth in section 2304 of this title, then
it shall be conspicuously designated a ''full (statement of
duration) warranty''.
(2) If the written warranty does not meet the Federal minimum
standards for warranty set forth in section 2304 of this title,
then it shall be conspicuously designated a "limited
warranty".
(b) Applicability of requirements, standards, etc., to representations
or statements of customer satisfaction
This section and sections 2302 and 2304 of this title shall
not apply to statements or representations which are similar
to expressions of general policy concerning customer satisfaction
and which are not subject to any specific limitations.
(c) Exemptions by Commission
In addition to exercising the authority pertaining to disclosure
granted in section 2302 of this title, the Commission may
by rule determine when a written warranty does not have to
be designated either ''full (statement of duration)'' or ''limited''
in accordance with this section.
(d) Applicability to consumer products costing more than
$10 and not designated as full warranties
The provisions of subsections (a) and (c) of this section
apply only to warranties which pertain to consumer products
actually costing the consumer more than $10 and which are
not designated "full (statement of duration) warranties".
Section 2304. Federal minimum standards for warranties
(a) Remedies under written warranty; duration of implied
warranty; exclusion or limitation on consequential damages
for breach of written or implied warranty; election of refund
or replacement. In order for a warrantor warranting a consumer
product by means of a written warranty to meet the Federal
minimum standards for warranty -
(1) such warrantor must as a minimum remedy such consumer
product within a reasonable time and without charge, in the
case of a defect, malfunction, or failure to conform with
such written warranty;
(2) notwithstanding section 2308(b) of this title, such warrantor
may not impose any limitation on the duration of any implied
warranty on the product;
(3) such warrantor may not exclude or limit consequential
damages for breach of any written or implied warranty on such
product, unless such exclusion or limitation conspicuously
appears on the face of the warranty; and
(4) if the product (or a component part thereof) contains
a defect or malfunction after a reasonable number of attempts
by the warrantor to remedy defects or malfunctions in such
product, such warrantor must permit the consumer to elect
either a refund for, or replacement without charge of, such
product or part (as the case may be). The Commission may by
rule specify for purposes of this paragraph, what constitutes
a reasonable number of attempts to remedy particular kinds
of defects or malfunctions under different circumstances.
If the warrantor replaces a component part of a consumer product,
such replacement shall include installing the part in the
product without charge.
(b) Duties and conditions imposed on consumer by warrantor
(1) In fulfilling the duties under subsection (a) of this
section respecting a written warranty, the warrantor shall
not impose any duty other than notification upon any consumer
as a condition of securing remedy of any consumer product
which malfunctions, is defective, or does not conform to the
written warranty, unless the warrantor has demonstrated in
a rulemaking proceeding, or can demonstrate in an administrative
or judicial enforcement proceeding (including private enforcement),
or in an informal dispute settlement proceeding, that such
a duty is reasonable.
(2) Notwithstanding paragraph (1), a warrantor may require,
as a condition to replacement of, or refund for, any consumer
product under subsection (a) of this section, that such consumer
product shall be made available to the warrantor free and
clear of liens and other encumbrances, except as otherwise
provided by rule or order of the Commission in cases in which
such a requirement would not be practicable.
(3) The Commission may, by rule define in detail the duties
set forth in subsection (a) of this section and the applicability
of such duties to warrantors of different categories of consumer
products with ''full (statement of duration)'' warranties.
(4) The duties under subsection (a) of this section extend
from the warrantor to each person who is a consumer with respect
to the consumer product.
(c) Waiver of standards
The performance of the duties under subsection (a) of this
section shall not be required of the warrantor if he can show
that the defect, malfunction, or failure of any warranted
consumer product to conform with a written warranty, was caused
by damage (not resulting from defect or malfunction) while
in the possession of the consumer, or unreasonable use (including
failure to provide reasonable and necessary maintenance).
(d) Remedy without charge
For purposes of this section and of section 2302(c) of this
title, the term ''without charge'' means that the warrantor
may not assess the consumer for any costs the warrantor or
his representatives incur in connection with the required
remedy of a warranted consumer product. An obligation under
subsection (a)(1)(A) of this section to remedy without charge
does not necessarily require the warrantor to compensate the
consumer for incidental expenses; however, if any incidental
expenses are incurred because the remedy is not made within
a reasonable time or because the warrantor imposed an unreasonable
duty upon the consumer as a condition of securing remedy,
then the consumer shall be entitled to recover reasonable
incidental expenses which are so incurred in any action against
the warrantor.
(e) Incorporation of standards to products designated with
full warranty for purposes of judicial actions
If a supplier designates a warranty applicable to a consumer
product as a ''full (statement of duration)'' warranty, then
the warranty on such product shall, for purposes of any action
under section 2310(d) of this title or under any State law,
be deemed to incorporate at least the minimum requirements
of this section and rules prescribed under this section.
Section 2305. Full and limited warranting of a consumer product
Nothing in this chapter shall prohibit the selling of a consumer
product which has both full and limited warranties if such
warranties are clearly and conspicuously differentiated.
Section 2306. Service contracts; rules for full, clear and
conspicuous disclosure of terms and conditions; addition to
or in lieu of written warranty
(a) The Commission may prescribe by rule the manner and form
in which the terms and conditions of service contracts shall
be fully, clearly, and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent
a supplier or warrantor from entering into a service contract
with the consumer in addition to or in lieu of a written warranty
if such contract fully, clearly, and conspicuously discloses
its terms and conditions in simple and readily understood
language.
Section 2307. Designation of representatives by warrantor
to perform duties under written or implied warranty
Nothing in this chapter shall be construed to prevent any
warrantor from designating representatives to perform duties
under the written or implied warranty: Provided, That such
warrantor shall make reasonable arrangements for compensation
of such designated representatives, but no such designation
shall relieve the warrantor of his direct responsibilities
to the consumer or make the representative a co-warrantor.
Section 2308. Implied warranties
(a) Restrictions on disclaimers or modifications
No supplier may disclaim or modify (except as provided in
subsection (b) of this section) any implied warranty to a
consumer with respect to such consumer product if
(1) such supplier makes any written warranty to the consumer
with respect to such consumer Product, or
(2) at the time of sale, or within 90 days thereafter, such
supplier enters into a service contract with the consumer
which applies to such consumer product.
(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2)
of this title), implied warranties may be limited in duration
to the duration of a written warranty of reasonable duration,
if such limitation is conscionable and is set forth in clear
and unmistakable language and prominently displayed on the
face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation
of this section shall be ineffective for purposes of this
chapter and State law.
Section 2309. Procedures applicable to promulgation of rules
by Commission
(a) Oral presentation
Any rule prescribed under this chapter shall be prescribed
in accordance with section 553 of title 5; except that the
Commission shall give interested persons an opportunity for
oral presentations of data, views, and arguments, in addition
to written submissions. A transcript shall be kept of any
oral presentation. Any such rule shall be subject to judicial
review under section 57a(e) of this title in the same manner
as rules prescribed under section 57a(a)(1)(B) of this title,
except that section 57a(e)(3)(B) of this title shall not apply.
(b) Warranties and warranty practices involved in sale of
used motor vehicles
The Commission shall initiate within one year after January
4, 1975, a rulemaking proceeding dealing with warranties and
warranty practices in connection with the sale of used motor
vehicles; and, to the extent necessary to supplement the protections
offered the consumer by this chapter, shall prescribe rules
dealing with such warranties and practices. In prescribing
rules under this subsection, the Commission may exercise any
authority it may have under this chapter, or other law, and
in addition it may require disclosure that a used motor vehicle
is sold without any warranty and specify the form and content
of such disclosure.
Section 2310. Remedies in consumer disputes
(a) Informal dispute settlement procedures; establishment;
rules setting forth minimum requirements; effect of compliance
by warrantor; review of informal procedures or implementation
by Commission; application to existing informal procedures
(1) Congress hereby declares it to be its policy to encourage
warrantors to establish procedures whereby consumer disputes
are fairly and expeditiously settled through informal dispute
settlement mechanisms.
(2) The Commission shall prescribe rules setting forth minimum
requirements for any informal dispute settlement procedure
which is incorporated into the terms of a written warranty
to which any provision of this chapter applies. Such rules
shall provide for participation in such procedure by independent
or governmental entities.
(3) One or more warrantors may establish an informal dispute
settlement procedure which meets the requirements of the Commission's
rules under paragraph (2). If -
(A) a warrantor establishes such a procedure,
(B) such procedure, and its implementation, meets the requirements
of such rules, and
(C) he incorporates in a written warranty a requirement that
the consumer resort to such procedure before pursuing any
legal remedy under this section respecting such warranty,
then
(i) the consumer may not commence a civil action (other than
a class action) under subsection (d) of this section unless
he initially resorts to such procedure; and
(ii) a class of consumers may not proceed in a class action
under subsection (d) of this section except to the extent
the court determines necessary to establish the representative
capacity of the named plaintiffs, unless the named plaintiffs
(upon notifying the defendant that they are named plaintiffs
in a class action with respect to a warranty obligation) initially
resort to such procedure. In the case of such a class action
which is brought in a district court of the United States,
the representative capacity of the named plaintiffs shall
be established in the application of rule 23 of the Federal
Rules of Civil Procedure. In any civil action arising out
of a warranty obligation and relating to a matter considered
in such a procedure, any decision in such procedure shall
be admissible in evidence.
(4) The Commission on its own initiative may, or upon written
complaint filed by any interested person shall, review the
bona fide operation of any dispute settlement procedure resort
to which is stated in a written warranty to be a prerequisite
to pursuing a legal remedy under this section.
If the Commission finds that such procedure or its implementation
fails to comply with the requirements of the rules under paragraph
(2), the Commission may take appropriate remedial action under
any authority it may have under this chapter or any other
provision of law.
(5) Until rules under paragraph (2) take effect, this subsection
shall not affect the validity of any informal dispute settlement
procedure respecting consumer warranties, but in any action
under subsection (d) of this section, the court may invalidate
any such procedure if it finds that such procedure is unfair.
(b) Prohibited acts It shall be a violation of section 45(a)(1)
of this title for any person to fail to comply with any requirement
imposed on such person by this chapter (or a rule thereunder)
or to violate any prohibition contained in this chapter (or
a rule thereunder).
(c) Injunction proceedings by Attorney General or Commission
for deceptive warranty, noncompliance with requirements, or
violating prohibitions; procedures; definitions
(1) The district courts of the United States shall have jurisdiction
of any action brought by the Attorney General (in his capacity
as such), or by the Commission by any of its attorneys designated
by it for such purpose, to restrain
(A) any warrantor from making a deceptive warranty with respect
to a consumer product, or
(B) any person from failing to comply with any requirement
imposed on such person by or pursuant to this chapter or from
violating any prohibition contained in this chapter. Upon
proper showing that, weighing the equities and considering
the Commission's or Attorney General's likelihood of ultimate
success, such action would be in the public interest and after
notice to the defendant, a temporary restraining order or
preliminary injunction may be granted without bond. In the
case of an action brought by the Commission, if a complaint
under section 45 of this title is not filed within such period
(not exceeding 10 days) as may be specified by the court after
the issuance of the temporary restraining order or preliminary
injunction, the order or injunction shall be dissolved by
the court and be of no further force and effect. Any suit
shall be brought in the district in which such person resides
or transacts business. Whenever it appears to the court that
the ends of justice require that other persons should be parties
in the action, the court may cause them to be summoned whether
or not they reside in the district in which the court is held,
and to that end process may be served in any district.
(2) For the purposes of this subsection, the term ''deceptive
warranty'' means
(A) a written warranty which (i) contains an affirmation,
promise, description, or representation which is either false
or fraudulent, or which, in light of all of the circumstances,
would mislead a reasonable individual exercising due care;
or (ii) fails to contain information which is necessary in
light of all of the circumstances, to make the warranty not
misleading to a reasonable individual exercising due care;
or
(B) a written warranty created by the use of such terms as
''guaranty'' or ''warranty'', if the terms and conditions
of such warranty so limit its scope and application as to
deceive a reasonable individual.
(d) Civil action by consumer for damages, etc.; jurisdiction;
recovery of costs and expenses; cognizable claims
(1) Subject to subsections (a)(3) and (e) of this section,
a consumer who is damaged by the failure of a supplier, warrantor,
or service contractor to comply with any obligation under
this chapter, or under a written warranty, implied warranty,
or service contract, may bring suit for damages and other
legal and equitable relief -
(A) in any court of competent jurisdiction in any State or
the District of Columbia; or
(B) in an appropriate district court of the United States,
subject to paragraph (3) of this subsection.
(2) If a consumer finally prevails in any action brought
under paragraph (1) of this subsection, he may be allowed
by the court to recover as part of the judgment a sum equal
to the aggregate amount of cost and expenses (including attorneys'
fees based on actual time expended) determined by the court
to have been reasonably incurred by the plaintiff for or in
connection with the commencement and prosecution of such action,
unless the court in its discretion shall determine that such
an award of attorneys' fees would be inappropriate.
(3) No claim shall be cognizable in a suit brought under
paragraph (1)(B) of this subsection -
(A) if the amount in controversy of any individual claim
is less than the sum or value of $25;
(B) if the amount in controversy is less than the sum or
value of $50,000 (exclusive of interests and costs) computed
on the basis of all claims to be determined in this suit;
or
(C) if the action is brought as a class action, and the number
of named plaintiffs is less than one hundred.
(e) Class actions; conditions; procedures applicable
No action (other than a class action or an action respecting
a warranty to which subsection (a)(3) of this section applies)
may be brought under subsection (d) of this section for failure
to comply with any obligation under any written or implied
warranty or service contract, and a class of consumers may
not proceed in a class action under such subsection with respect
to such a failure except to the extent the court determines
necessary to establish the representative capacity of the
named plaintiffs, unless the person obligated under the warranty
or service contract is afforded a reasonable opportunity to
cure such failure to comply. In the case of such a class action
(other than a class action respecting a warranty to which
subsection (a)(3) of this section applies) brought under subsection
(d) of this section for breach of any written or implied warranty
or service contract, such reasonable opportunity will be afforded
by the named plaintiffs and they shall at that time notify
the defendant that they are acting on behalf of the class.
In the case of such a class action which is brought in a district
court of the United States, the representative capacity of
the named plaintiffs shall be established in the application
of rule 23 of the Federal Rules of Civil Procedure.
(f) Warrantors subject to enforcement of remedies
For purposes of this section, only the warrantor actually
making a written affirmation of fact, promise, or undertaking
shall be deemed to have created a written warranty, and any
rights arising thereunder may be enforced under this section
only against such warrantor and no other person.
Section 2311. Applicability to other laws
(a) Federal Trade Commission Act and Federal Seed Act
(1) Nothing contained in this chapter shall be construed
to repeal, invalidate, or supersede the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) or any statute defined therein
as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal,
invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551
et seq.) and nothing in this chapter shall apply to seed for
planting.
(b) Rights, remedies, and liabilities
(1) Nothing in this chapter shall invalidate or restrict
any right or remedy of any consumer under State law or any
other Federal law.
(2) Nothing in this chapter (other than sections 2308 and
2304(a)(2) and (4) of this title) shall (A) affect the liability
of, or impose liability on, any person for personal injury,
or (B) supersede any provision of State law regarding consequential
damages for injury to the person or other injury.
(c) State warranty laws
(1) Except as provided in subsection (b) of this section
and in paragraph (2) of this subsection, a State requirement
-
(A) which relates to labeling or disclosure with respect
to written warranties or performance thereunder;
(B) which is within the scope of an applicable requirement
of sections 2302, 2303, and 2304 of this title (and rules
implementing such sections), and
(C) which is not identical to a requirement of section 2302,
2303, or 2304 of this title (or a rule thereunder), shall
not be applicable to written warranties complying with such
sections (or rules thereunder).
(2) If, upon application of an appropriate State agency,
the Commission determines (pursuant to rules issued in accordance
with section 2309 of this title) that any requirement of such
State covering any transaction to which this chapter applies
(A) affords protection to consumers greater than the requirements
of this chapter and
(B) does not unduly burden interstate commerce, then such
State requirement shall be applicable (notwithstanding the
provisions of paragraph (1) of this subsection) to the extent
specified in such determination for so long as the State administers
and enforces effectively any such greater requirement.
(d) Other Federal warranty laws This chapter (other than
section 2302(c) of this title) shall be inapplicable to any
written warranty the making or content of which is otherwise
governed by Federal law. If only a portion of a written warranty
is so governed by Federal law, the remaining portion shall
be subject to this chapter.
Section 2312. Effective dates
(a) Effective date of chapter
Except as provided in subsection (b) of this section, this
chapter shall take effect 6 months after January 4, 1975,
but shall not apply to consumer products manufactured prior
to such date.
(b) Effective date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after
the final publication of rules respecting such section; except
that the Commission, for good cause shown, may postpone the
applicability of such sections until one year after such final
publication in order to permit any designated classes of suppliers
to bring their written warranties into compliance with rules
promulgated pursuant to this chapter.
(c) Promulgation of rules
The Commission shall promulgate rules for initial implementation
of this chapter as soon as possible after January 4, 1975,
but in no event later than one year after such date.
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