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.
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 20% restocking fee. A customer
has 7 day period to decide if they want to return a product. 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.
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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