USA warns hardware companies: Warranty must not restrict right to repair
"Warranty void when removed" is written on stickers that must be removed in order to repair devices. This is not permitted in the USA.
US consumers may also visit independent repair shops without waiving warranty claims.
(Image: Daniel AJ Sokolov)
If manufacturers grant a warranty, they must respect US consumers' legal right to a repair. The US Federal Trade Commission (FTC) reminded the companies Asrock, Gigabyte and Zotac of this in warning letters. These companies sell computer hardware, including gaming computers, graphics cards and motherboards. Gigabyte and Zotac use stickers that display inadmissible and legally ineffective warnings: "Warranty void when removed".
In other words, if the sticker is removed or damaged, the warranty will be voided. Such stickers are often found on screws or other elements that have to be moved to open a device or replace a component. At Asrock, the authorities have found a clause in the warranty conditions: If the case is opened, or if optional parts are removed or added, the warranty shall also be voided.
According to the FTC, such limitations of a warranty have been illegal in contracts with consumers in the USA since 1975 if the product costs more than five dollars. Of course, manufacturers do not have to provide a warranty at all, but if they do, either explicitly or implicitly, they must comply with the federal Magnuson-Moss Warranty Act. This prohibits tying the warranty to the purchase of certain other items or the use of certain services – for example, the purchase of certain brands of parts or the use of certain repair shops. There are two exceptions to this prohibition: If parts and repair are free, or if the FTC has granted an exemption.
However, the authority has not. It is therefore threatening Asrock, Gigabyte and Zotac with legal action if they do not correct the inadmissible claims about their warranty conditions within 30 days and/or invoke these clauses. Similarly, the FTC is admonishing four air filter manufacturers and one treadmill manufacturer for improperly tying their warranties to the use of filters from the respective device manufacturer, its replacement parts or certain repair service providers.
In the European Economic Area, a distinction must be made between guarantees and warranties. Warranties are regulated by law and often are mandatory; there is freedom of contract for the design of warranties that go beyond this, and manufacturers may not offer the prospect of a warranty.
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