South Carolina Warranty Lawyer

Every business should be sufficiently familiar with federal, state, and common law warranty rules. Warranty law in the United States involves legal protections regarding the quality, condition, and performance of goods or services purchased by consumers. By understanding both state and federal warranty laws, consumers and businesses in South Carolina can better navigate warranty protections and enforcement, ensuring fair treatment in the marketplace.In South Carolina, as in the rest of the U.S., both state law and federal law provide frameworks for regulating warranties, including express and implied warranties, and offer protections for consumers against defective products.

This guide offers a comprehensive look at warranty law under South Carolina state law and federal law, including relevant statutes, types of warranties, and enforcement mechanisms.

1. Overview of Warranty Law

Warranty law covers the promises or guarantees made by a seller or manufacturer concerning the quality or condition of the goods being sold. The law primarily differentiates between express warranties (explicitly stated promises) and implied warranties (those inferred by law, even if not stated).

Express Warranty: A warranty explicitly stated by the seller or manufacturer. This could be written or oral, such as a promise that a product will work for a specific period.

Implied Warranty: A warranty that automatically exists by law, regardless of whether it is expressly stated. This includes:

Implied Warranty of Merchantability: A promise that goods will meet the average expectations of a consumer for a particular product.

Implied Warranty of Fitness for a Particular Purpose: A promise that goods will be suitable for the specific purpose the consumer intends, as long as the seller knows of the intended purpose.

2. South Carolina Warranty Law

2.1. Implied Warranties Under South Carolina Law

South Carolina law incorporates implied warranties through the Uniform Commercial Code (UCC), which has been adopted by most states, including South Carolina. The UCC governs most transactions involving the sale of goods.

South Carolina Code of Laws, Title 36, Chapter 2 (UCC – Sales): The South Carolina UCC provides the statutory foundation for implied warranties of merchantability and fitness for a particular purpose.

§ 36-2-314: Implied Warranty of Merchantability. This section requires that goods sold by a merchant must be of average quality, fit for the purpose they are intended for, and conform to the standard that the buyer expects.

§ 36-2-315: Implied Warranty of Fitness for a Particular Purpose. This applies when the seller knows the buyer’s specific purpose for purchasing the goods and the buyer relies on the seller’s judgment. For instance, if a consumer buys a tent from a retailer for a camping trip, and the retailer knows this, the tent should be suitable for camping conditions.

2.2. Express Warranties Under South Carolina Law

South Carolina Code of Laws § 36-2-313: Under this provision, an express warranty arises when the seller makes an affirmation or promise regarding the goods sold, creates a description of the goods, or provides a sample or model to the buyer, which is relied upon by the buyer. These warranties can be written or oral and may include promises about the durability, functionality, or quality of a product.

Example: A car manufacturer offers a 3-year/36,000-mile warranty on a vehicle, promising that it will repair or replace defective parts during that time.
2.3. Breach of Warranty Claims

If a product fails to meet the terms of its express or implied warranty, the buyer may bring a claim for breach of warranty under South Carolina law. The buyer must typically show that:

The product failed to conform to the warranty’s terms.

The buyer provided the seller an opportunity to remedy the issue, if required.

Damages were sustained as a result of the breach.

The statute of limitations for filing a warranty breach lawsuit in South Carolina is typically four years from the date of the breach (S.C. Code Ann. § 36-2-725).

2.4. Exclusions and Limitations of Warranties

Under South Carolina law, sellers can limit or exclude implied warranties in certain situations, particularly in “as is” sales. However, such exclusions must be explicitly stated in the sales contract or product documentation and must be conspicuous enough for the buyer to notice.

“As Is” Disclaimer: A seller may disclaim implied warranties by stating that goods are sold “as is” or with “all faults,” but this disclaimer must be clear and unambiguous.

Disclaiming Implied Warranties: To disclaim the implied warranty of merchantability, the disclaimer must use words like “as is” and must be in writing (S.C. Code Ann. § 36-2-316).

3. Federal Warranty Law

Several federal laws govern warranties, with the Magnuson-Moss Warranty Act being the primary statute for consumer product warranties. This law provides specific requirements for warranties on consumer products, including disclosure, enforceability, and remedies.

3.1. Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301-2312)

The Magnuson-Moss Warranty Act (MMWA) applies to written warranties on consumer products that cost more than $15. This federal law governs both express warranties and implied warranties, particularly for consumer goods.

Key Provisions:

Disclosure: Sellers or manufacturers must provide clear and detailed information about the terms of their written warranties. If a product includes a written warranty, the warranty must be clear, easy to understand, and conspicuously displayed.
No Disclaiming Implied Warranties: The MMWA prohibits disclaiming implied warranties if an express warranty is provided. If a product has a written express warranty, the implied warranties of merchantability and fitness cannot be waived.
Requirements for Written Warranties: The warranty must specify the duration of the warranty, what is covered under the warranty, and how the warranty service will be performed. For example, a product warranty must explain the procedures for returning defective products and the remedies available to the consumer.

3.2. Implied Warranty Under the Magnuson-Moss Warranty Act

Under the MMWA, if a written express warranty is provided, the implied warranty of merchantability (under the UCC) cannot be disclaimed. This means that even if the seller provides an express warranty, the seller is still bound by the implied warranty of merchantability, which ensures that the product is fit for ordinary use.

3.3. Breach of Warranty and Remedies

The MMWA provides remedies for breach of warranty, including the ability to:

Sue for Damages: If the seller or manufacturer fails to honor the warranty, consumers can bring a lawsuit for damages.
Request a Replacement or Repair: Consumers may seek to repair or replace defective goods if they are covered by a warranty.
Right to Cancel: In certain cases, consumers may have the right to cancel a contract if the product is defective.

3.4. Magnuson-Moss and State Law Interaction

While the Magnuson-Moss Warranty Act sets a baseline for consumer protection, state law can provide additional protections. South Carolina’s warranty law generally aligns with the MMWA, but South Carolina law offers its own nuances regarding enforcement, exclusions, and the statute of limitations.

4. Warranty Dispute Resolution and Enforcement

Both state and federal laws provide consumers with the right to seek resolution for warranty-related disputes.

4.1. Dispute Resolution Under South Carolina Law

Small Claims Court: South Carolina consumers can bring warranty disputes to small claims court if the damages do not exceed $7,500 (S.C. Code Ann. § 34-25-10). This provides a simplified way for individuals to resolve warranty issues without incurring significant legal costs.
South Carolina Department of Consumer Affairs: The South Carolina Department of Consumer Affairs (SCDCA) offers mediation services for consumers who are facing issues with warranties, product defects, or poor customer service. Consumers can file complaints with the department to seek assistance.

4.2. Dispute Resolution Under the Magnuson-Moss Act

Private Lawsuits: Under the Magnuson-Moss Warranty Act, consumers may file a lawsuit if the warranty terms are violated. The Act also allows for the recovery of attorney fees if the consumer prevails in the lawsuit.
Arbitration or Mediation: Some warranties include arbitration clauses, requiring disputes to be resolved through arbitration or mediation rather than in court. These clauses must be clearly disclosed in the warranty documentation.

5. Key Takeaways

Express and Implied Warranties: South Carolina law, aligned with the Uniform Commercial Code (UCC), recognizes both express and implied warranties. Warranties may be excluded in certain cases, but such exclusions must be clearly stated.

Federal Magnuson-Moss Warranty Act: This Act provides protections for consumer goods and ensures that warranties are clearly stated and enforceable. It prevents the waiver of implied warranties when an express warranty is offered.

Dispute Resolution: Consumers in South Carolina have options for resolving warranty disputes through state agencies, small claims court, or through federal mechanisms like MMWA.

References
South Carolina Code of Laws, Title 36 (UCC – Sales): §§ 36-2-314 (Implied Warranty of Merchantability), § 36-2-315 (Implied Warranty of Fitness for a Particular Purpose), § 36-2-313 (Express Warranties)
Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301-2312)
South Carolina Department of Consumer Affairs: www.consumer.sc.gov
Federal Trade Commission (FTC): www.ftc.gov

Common law infers implied warranties—unspoken and unwritten—that the seller provides to the customer. Where consumer product transactions occur, courts generally imply two warranties:

• Implied Warranty of Merchantability
  A seller’s implied promise that the goods sold will do what they are supposed to do consistent with their ordinary purpose.
• Implied Warranty of Fitness for a Particular Purpose
  An implied promise that a customer can rely on the advice of a seller with regard to the use of a good for some specific purpose.

Warranties voluntarily offered by sellers to customers during a sale, explicitly making them, either orally or in writing, regarding a product or a remedy for a defective product.

Written warranties made for consumer products are also governed by the Magnuson-Moss Warranty Act. The Magnuson-Moss Warranty Act is federal law and requires manufacturers and sellers of consumer products to provide consumers with certain information about warranty coverage and the rights and obligations of the parties. The Act requires written warranties on goods over a certain price to have a title that says the warranty is either “full” or “limited.” Generally, a warranty is “full” if the manufacturer or seller:

• Does not limit the length of time for implied warranties
• Warranty service is provided to anyone who owns the good or product during the warranty period, not limiting the warranty to the original purchaser only
• Warranty service is provided free of charge, including costs associated with shipping or replacing the good or product
• If the manufacturer or seller cannot repair the product after a reasonable number of attempts, they must offer the consumer a replacement or refund.
• The consumer must only notify the manufacturer or seller that warranty service is needed and does not have to take any further action unless it is reasonable to do so.

If any of these conditions do not apply, the warranty is generally considered “limited.”

Importantly, an warranty does not have to be entirely “full” or “limited”  the above items are true about warranty coverage on only some parts of the product, or if the times are true during only part of the warranty period, then the warranty is part “full” and part “limited.”

Most state jurisdiction also have statutory laws governing warranties and guarantees.