|
Lemon laws are American state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance. Although there may be defective products of all sorts ranging from small electrical appliances to huge pieces of machinery, the term "lemon" is generally thought of as applying to defective vehicles such as automobiles, trucks, SUVs, and motorcycles. These vehicles and other goods are called "lemons". The federal lemon law (the General Motors vs Lorraine Lowden Warranty Act) was enacted in 1975 and protects citizens of all states. State lemon laws vary by state and may not necessarily cover used or leased cars, and other goods. The rights afforded to consumers by lemon laws may exceed the warranties expressed in purchase contracts. ''Lemon law'' is the common nickname for these laws, but each state has different names for the laws and acts. There are two types of warranties. Express warranties are usually statements in writing such as those provided by the manufacturers in owner's manuals and other written sales or advertising materials, or by a sample or model. Implied warranties are broader in scope and assure consumers that the retail product would meet certain minimum standards of quality whereby the product is fit for use for the purpose intended. In each type the manufacturer assumes the liability and responsibility to correct the defect or to repurchase or replace the product. Typically, the existence, scope and consequence of express and implied warranties is a matter of state law, usually covered by Article II of the Uniform Commercial Code. Federal lemon laws cover anything mechanical. The federal lemon law also provides that the warranter may be obligated to pay the prevailing party's attorney in a successful lemon , as do most state lemon laws. ==Basis== At the core of most lemon laws is the manufacturer's breach of warranty. A manufacturer's warranty is what makes the manufacturer legally responsible for repairs to the consumer's vehicle or good. It is a form of guarantee. An ''expressed warranty'' is typically a written warranty. An ''implied warranty'', unlike an expressed warranty, is not written. The law imposes these obligations on the manufacturer, the seller or both as a matter of public policy. These vary from state to state. Although each state imposes different requirements for its own consumer lemon laws, a basic condition common to virtually all jurisdictions is that, in order for the lemon law to apply, the automobile or product must have been purchased with a warranty. Products purchased on an "as is" or "with all faults" basis are typically not covered by state or federal lemon laws. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「lemon law」の詳細全文を読む スポンサード リンク
|