This guide describes your rights under Maine’s laws related to warranties on consumer products and services.
Warranties downloadables
- Sample letter requesting implied warranty repair (Word)
- Guide to warranties on consumer products and services, including sample letter (Word)
Express and Implied Warranties
Express Warranties
Under Maine law, an express warranty is a clearly stated fact or promise by a seller or manufacturer that a product will perform in a certain manner for a specified time, which becomes part of the basis for the bargain between the buyer and seller. Many products come with a written express warranty, which could be a statement such as the product “will be free from defects in materials or workmanship” for a certain period or “your complete satisfaction is guaranteed.” An oral or written statement about a product’s quality, characteristics, or condition can also create an express warranty, and formal words like “warrant” or “guarantee” are not necessary. In determining whether an express warranty was given, a court will consider the circumstances around the agreement, including the knowledge of both parties. There must be something more than a seller’s opinions or promotional statements about a product, however, to create an express warranty.
Implied Warranties
In addition to any express warranty given by the seller or manufacturer, Maine law provides automatic warranty protection through an implied warranty of merchantability. All new and used “consumer goods”– products purchased for family, household or personal use (including mobile homes, clothing, new cars, furniture, appliances, sports equipment and more) – are warrantied by law to be fit for the ordinary purpose for which such goods are used. For example, a washing machine must be fit to wash clothes for as long as washing machines ordinarily last.
Two important questions to ask in determining whether a consumer product is merchantable are:
- Is the product “fit for the ordinary purposes for which such a product is used” and
- Does the product “pass without objection in the trade” (e.g., would most people find the product acceptable)?
The implied warranty provisions in Maine’s UCC also apply to services. Maine law also includes an implied duty to perform skillfully, diligently, and in a workmanlike manner in a contract for work or services.
Breaches of Warranty
- Length of Implied Warranty
Maine’s implied warranty of merchantability applies automatically to any new or used consumer product and gives you a legal claim for up to 4 years from the date of delivery.[i] For a consumer product, this will most likely be the date that you actually receive the product, whether you purchased it in a store or bought it online or over the phone.
For example, consider a food processor that hypothetically has a useful life of 10 years and comes with a 2-year express warranty. Assuming proper care, if the food processor breaks down within 4 years of delivery, you still have warranty coverage under the implied warranty of merchantability even though your express warranty has expired. If the food processor breaks down after 4 years, then you are not covered under the implied warranty of merchantability.
The implied warranty of merchantability does not require every consumer product to last for 4 years. Rather, if an item becomes seriously defective during the period of its useful life, you have a claim under the implied warranty of merchantability for 4 years from the date of delivery. The useful life of a product may depend on its condition (for example, whether it is new or used). Some consumer products may have useful lives much longer than 4 years; other products may have short useful lives. If you are unsure of a product’s useful life, you may find answers through online resources or from information provided by the manufacturer. We encourage you to contact the seller and manufacturer of a product as soon as possible after it becomes defective.
[i] 11 M.R.S. § 2-725.
- Breach of Implied Warranty of Merchantability
In general, the implied warranty of merchantability has been breached (violated) if you purchased a new or used consumer product and:
- During its useful life, the product becomes seriously defective and cannot be used for its ordinary purpose;
- You did not abuse or misuse the product; and
- The date you received the product was no more than 4 years ago.
If those three things are true, you are entitled to free repairs by either the manufacturer or the seller and, if the item cannot be repaired, the additional remedies discussed in our defective goods guide.
- Implied Warranty of Fitness for a Particular Purpose
In addition to the implied warranty of merchantability, Maine law also provides automatic warranty protection through an implied warranty of fitness for a particular purpose.[i] This warranty protects you if the seller knows that you are purchasing a product for a particular purpose that is outside its ordinary uses, and you rely on the seller’s promise that the product is suitable for that purpose. If the item is inadequate for your purpose, the warranty of fitness for a particular purpose has been breached.
[i] 11 M.R.S. § 2-315.
- Implied Warranties Cannot Be Denied or Disclaimed by a Seller or Manufacturer (Except on Used Cars)
Maine law prohibits both sellers and manufacturers from denying or disclaiming an implied warranty on any consumer product or service. Any language used by a seller or manufacturer to exclude or modify an implied warranty is unenforceable.[i] Further, a seller or manufacturer who sells goods to consumers in Maine cannot limit a consumer’s remedies for breach of an implied warranty.[ii] The only exception to this prohibition is for the sale of used cars. If a dealer sells you a used car “as is,” you receive no implied warranty of merchantability.[iii]
Except for used cars, any other new or used consumer product that is sold by a merchant “as is” still comes with an implied warranty of merchantability. A seller is a merchant with respect to a sold good if it regularly deals in that type of good or otherwise holds itself out as having specialized knowledge or skill regarding the good. So, a table bought at a yard sale is not going to come with an implied warranty of merchantability, whereas that same table bought at a furniture store will, regardless of any attempt by the seller to limit that warranty.
- Protecting Your Warranty Rights
As soon as you believe that the product you bought is defective, you should send a written complaint to the seller and manufacturer, because this may help preserve whatever express or implied warranty rights you have at the time of the complaint. Keep a copy of your complaint to prove when you first complained. If you complain during the product’s useful life and the seller cannot or refuses to repair, replace, or refund the product, you may have a stronger claim. However, remember that any action to enforce your rights in court must be filed within 4 years of delivery.
- Both Seller and Manufacturer Are Responsible
Both the seller and manufacturer are responsible for any incidental and consequential damages if your implied warranty of merchantability is breached.[i] For example, if you buy a television from a local store, both the manufacturer and the store are responsible under the implied warranty if it has a defect.
We recommend that you complain first to the seller if your product is defective, damaged, or does not work properly. The seller may admit that the item is defective but tell you to contact the manufacturer for repairs. This is improper because the seller is equally responsible for the implied warranty. You should insist that the seller arrange for the repairs with the manufacturer. If you cannot resolve the problem with the seller, contact the manufacturer and get them both involved. The seller or manufacturer may want to charge you for a service call if the product must be seen at your home. So long as your complaint is made under the implied warranty of merchantability, you shouldn’t be required to pay a service charge or any other charge to inspect the product and diagnose the issue.
If you cannot resolve your complaint with the seller or manufacturer and you believe that your complaint falls under the implied warranty of merchantability, you should contact the Attorney General’s Consumer Mediation Service to see if your complaint can be resolved through this free, voluntary mediation service. If it cannot be resolved through mediation, you may consider bringing legal action against either the seller or manufacturer or both, but you should consult with an attorney before deciding to sue. For more information, please see how to resolve a consumer complaint.
[i] 11 M.R.S. §§ 2-316(5), and 2-318.
- Draft Letter Requesting Implied Warranty Repair
If your consumer product is defective and you believe that it should be covered by Maine’s implied warranty of merchantability, you can use the draft letter below to send to the manufacturer, seller, or both to request that the product be repaired. This letter is also available as a downloadable Word document.
Date:
RE: Maine Implied Warranty Repair
Dear ,
On _____________, 20___ I accepted delivery of a _________________________ at ________________. Enclosed are copies of my records (receipts, guarantees, cancelled checks, and model and serial numbers). Unfortunately, your product has not performed as it should for its ordinary purpose and is seriously defective in the following ways:
The defect was not caused by me and I have not used the product in a manner that caused it to become worn out or exceed its useful life.
In Maine, the implied warranty of merchantability (11 M.R.S. § 2-314) provides the right to free repairs. Under this law, both the seller and the manufacturer are responsible for the free repair. Neither the seller nor the manufacturer can disclaim, deny, or limit the implied warranty of merchantability.
I am requesting that you arrange for this item to be repaired at no cost to me.
I look forward to your prompt reply and resolution of this problem.
Sincerely,
Name
Address
Telephone
E-mail
- Transfer of Express and Implied Warranty Rights
When a used product is sold, the original buyer’s express and implied warranties may pass to a subsequent buyer of the product if that person is someone “whom the manufacturer, seller or supplier might reasonably have expected to use, consume or be affected by the goods.”[i]
[i] 11 M.R.S. § 2-318.
- Service Contracts and Extended Warranties
Consumers are sometimes asked to buy a service contract when they purchase a product. Typically, a service contract is a contract that promises to repair the product in exchange for a fee. Though often called an “extended warranty,” a service contract is not a warranty. You pay extra for the service contract and you may also be required to meet a “deductible” (a specified amount of money that you must pay out of pocket) before a claim for repair is paid by the company with which you have the service contract. If you have a good express or implied warranty, you probably do not need a service contract. In fact, you may wasting your money on coverage you already have under your express or implied warranty.
Before buying a service contract, read all the terms carefully so you know what parts and repairs are covered and for how long. For an expensive major appliance that you expect to use for at least 10 years, it might make sense to buy a service contract. As an alternative to buying a service contract, some consumer advocates recommend putting the money that you would spend for a service contract into a savings account so that you can pay for the repair or replacement of the product yourself when the need arises.
- Online or Mail Order Purchases
In general, Maine warranty obligations apply to out-of-state sellers that sell products to Maine consumers online or by catalog. If you are unable to resolve your warranty complaint with a seller that has no physical store within Maine, we recommend that you read our guide on how to resolve a consumer complaint you decide to file a lawsuit.
- 4.14 Statute of Limitations for Breach of Warranty
A lawsuit based on the breach of an express or implied warranty must generally be brought within 4 years of delivery of the product.[1] However, where “a warranty explicitly extends to future performance of the goods, the lawsuit must be brought within 4 years of when the breach is or should have been discovered.”
[1] 11 M.R.S. § 2-725.