---
kind: "section"
citation: "15 U.S.C. § 2304"
title: "15"
title_heading: "Commerce and Trade"
number: "2304"
heading: "Federal minimum standards for warranties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/2304"
units:
  - "Chapter 50 — Consumer Product Warranties"
---

# §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](/usc/15/2301.md?p=5) warranting a [consumer product](/usc/15/2301.md?p=1) by means of a [written warranty](/usc/15/2301.md?p=6) to meet the Federal minimum standards for warranty—
  - (1) such [warrantor](/usc/15/2301.md?p=5) must as a minimum [remedy](/usc/15/2301.md?p=10) such [consumer product](/usc/15/2301.md?p=1) within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such [written warranty](/usc/15/2301.md?p=6);
  - (2) notwithstanding [section 2308(b) of this title](/usc/15/2308.md?p=b), such [warrantor](/usc/15/2301.md?p=5) may not impose any limitation on the duration of any [implied warranty](/usc/15/2301.md?p=7) on the product;
  - (3) such [warrantor](/usc/15/2301.md?p=5) may not exclude or limit consequential damages for breach of any written or [implied warranty](/usc/15/2301.md?p=7) 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](/usc/15/2301.md?p=5) to [remedy](/usc/15/2301.md?p=10) defects or malfunctions in such product, such [warrantor](/usc/15/2301.md?p=5) must permit the [consumer](/usc/15/2301.md?p=3) to elect either a [refund](/usc/15/2301.md?p=12) for, or [replacement](/usc/15/2301.md?p=11) without charge of, such product or part (as the case may be). The [Commission](/usc/15/2301.md?p=2) may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to [remedy](/usc/15/2301.md?p=10) particular kinds of defects or malfunctions under different circumstances. If the [warrantor](/usc/15/2301.md?p=5) replaces a component part of a [consumer product](/usc/15/2301.md?p=1), such [replacement](/usc/15/2301.md?p=11) 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)](#a) respecting a [written warranty](/usc/15/2301.md?p=6), the [warrantor](/usc/15/2301.md?p=5) shall not impose any duty other than notification upon any [consumer](/usc/15/2301.md?p=3) as a condition of securing [remedy](/usc/15/2301.md?p=10) of any [consumer product](/usc/15/2301.md?p=1) which malfunctions, is defective, or does not conform to the [written warranty](/usc/15/2301.md?p=6), unless the [warrantor](/usc/15/2301.md?p=5) 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)](#b-1), a [warrantor](/usc/15/2301.md?p=5) may require, as a condition to [replacement](/usc/15/2301.md?p=11) of, or [refund](/usc/15/2301.md?p=12) for, any [consumer product](/usc/15/2301.md?p=1) under [subsection (a)](#a), that such [consumer product](/usc/15/2301.md?p=1) shall be made available to the [warrantor](/usc/15/2301.md?p=5) free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the [Commission](/usc/15/2301.md?p=2) in cases in which such a requirement would not be practicable.
  - (3) The [Commission](/usc/15/2301.md?p=2) may, by rule define in detail the duties set forth in [subsection (a)](#a) of this section and the applicability of such duties to [warrantors](/usc/15/2301.md?p=5) of different categories of [consumer products](/usc/15/2301.md?p=1) with “full (statement of duration)” warranties.
  - (4) The duties under [subsection (a)](#a) extend from the [warrantor](/usc/15/2301.md?p=5) to each [person](/usc/15/7a.md?p=6) who is a [consumer](/usc/15/2301.md?p=3) with respect to the [consumer product](/usc/15/2301.md?p=1).
- (c) **Waiver of standards—** The performance of the duties under [subsection (a)](#a) shall not be required of the [warrantor](/usc/15/2301.md?p=5) if he can show that the defect, malfunction, or failure of any warranted [consumer product](/usc/15/2301.md?p=1) to conform with a [written warranty](/usc/15/2301.md?p=6), was caused by damage (not resulting from defect or malfunction) while in the possession of the [consumer](/usc/15/2301.md?p=3), or unreasonable use (including failure to provide [reasonable and necessary maintenance](/usc/15/2301.md?p=9)).
- (d) **Remedy without charge—** For purposes of this section and of [section 2302(c) of this title](/usc/15/2302.md?p=c), the term “without charge” means that the [warrantor](/usc/15/2301.md?p=5) may not assess the [consumer](/usc/15/2301.md?p=3) for any costs the [warrantor](/usc/15/2301.md?p=5) or his representatives incur in connection with the required [remedy](/usc/15/2301.md?p=10) of a warranted [consumer product](/usc/15/2301.md?p=1). An obligation under subsection (a)(1)(A) to [remedy](/usc/15/2301.md?p=10) without charge does not necessarily require the [warrantor](/usc/15/2301.md?p=5) to compensate the [consumer](/usc/15/2301.md?p=3) for incidental expenses; however, if any incidental expenses are incurred because the [remedy](/usc/15/2301.md?p=10) is not made within a reasonable time or because the [warrantor](/usc/15/2301.md?p=5) imposed an unreasonable duty upon the [consumer](/usc/15/2301.md?p=3) as a condition of securing [remedy](/usc/15/2301.md?p=10), then the [consumer](/usc/15/2301.md?p=3) shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the [warrantor](/usc/15/2301.md?p=5).
- (e) **Incorporation of standards to products designated with full warranty for purposes of judicial actions—** If a [supplier](/usc/15/2301.md?p=4) designates a warranty applicable to a [consumer product](/usc/15/2301.md?p=1) 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](/usc/15/2310.md?p=d) or under any [State law](/usc/15/2301.md?p=15), be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.

## Source credit

(Pub. L. 93–637, title I, § 104, Jan. 4, 1975, 88 Stat. 2187.)