---
kind: "section"
citation: "16 C.F.R. § 700.10"
title: "16"
number: "700.10"
heading: "Prohibited tying."
url: "https://uscodex.org/cfr/16/700.10"
---

# §700.10. Prohibited tying.

- (a) [Section 102(c)](/cfr/16/102.md?p=c), [15 U.S.C. 2302(c)](/usc/15/2302.md?p=c), prohibits tying arrangements that condition coverage under a written warranty on the consumer's use of an article or service identified by brand, trade, or corporate name unless that article or service is provided without charge to the consumer.
- (b) Under a limited warranty that provides only for replacement of defective parts and no portion of labor charges, [section 102(c)](/cfr/16/102.md?p=c), [15 U.S.C. 2302(c)](/usc/15/2302.md?p=c), prohibits a condition that the consumer use only service (labor) identified by the warrantor to install the replacement parts. A warrantor or his designated representative may not provide parts under the warranty in a manner which impedes or precludes the choice by the consumer of the person or business to perform necessary labor to install such parts.
- (c) No warrantor may condition the continued validity of a warranty on the use of only authorized repair service and/or authorized replacement parts for non-warranty service and maintenance (other than an article of service provided without charge under the warranty or unless the warrantor has obtained a waiver pursuant to section 102(c) of the Act, [15 U.S.C. 2302(c)](/usc/15/2302.md?p=c)). For example, provisions such as, “This warranty is void if service is performed by anyone other than an authorized `ABC' dealer and all replacement parts must be genuine `ABC' parts,” and the like, are prohibited where the service or parts are not covered by the warranty. These provisions violate the Act in two ways. First, they violate the [section 102(c)](/cfr/16/102.md?p=c), [15 U.S.C. 2302(c)](/usc/15/2302.md?p=c), ban against tying arrangements. Second, such provisions are deceptive under section 110 of the Act, [15 U.S.C. 2310](/usc/15/2310.md), because a warrantor cannot, as a matter of law, avoid liability under a written warranty where a defect is unrelated to the use by a consumer of “unauthorized” articles or service. In addition, warranty language that implies to a consumer acting reasonably in the circumstances that warranty coverage requires the consumer's purchase of an article or service identified by brand, trade or corporate name is similarly deceptive. For example, a provision in the warranty such as, “use only an authorized `ABC' dealer” or “use only `ABC' replacement parts,” is prohibited where the service or parts are not provided free of charge pursuant to the warranty. This does not preclude a warrantor from expressly excluding liability for defects or damage caused by “unauthorized” articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused.

## Notes

### Amendments

[42 FR 36114, July 13, 1977, as amended at 80 FR 42721, July 20, 2015]

### Authority

Authority: Magnuson-Moss Warranty Act, Pub. L. 93-637, 15 U.S.C. 2301.

### Source

Source: 42 FR 36114, July 13, 1977, unless otherwise noted.

### Amendments

[42 FR 36114, July 13, 1977, as amended at 80 FR 42721, July 20, 2015]