Section 257.133. Warranties.  


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  • Rule 33. It is an unfair and deceptive practice to:

    (a)   Disclaim or limit the implied warranty of merchantability or fitness for use, unless excluded or modified pursuant to section 2316 of  the Uniform Commercial Code, Act No. 174 of the Public Acts of 1962, being S440.2316 of the Michigan Compiled Laws.

    (b)   Fail to extend the period of a repair facility's own warranty for repairs and services, if the customer has been deprived  of   the  use  or enjoyment of the subject of the warranty because of a failure on the part of the  repair  facility  to   comply completely  with   the  terms  of  the warranty. The extension shall be equal to or greater than the time  of   the deprivation.

    (c)   Fail to honor a warranty on a new part by replacing it with a used part or replacing it with a rebuilt or remanufactured part which does not meet original equipment quality, standards, or specifications.

    (d)  Fail to honor an express warranty.

    (e)   Fail to disclose in written language which is clear as to the nature or scope of a warranty all material   aspects   and    intent,   including,   but   not limited to, what is

    warranted, who will honor the warranty, the duration of the warranty, obligations, if any, of the person to whom the warranty  is extended, and exceptions and exclusions   from the  terms  of  the   written warranty agreement.

History: 1979 AC.