A warranty claim is when a consumer requests that the manufacturer fulfills their product warranty. It’s important to know how to navigate the warranty claim process so that you get the service you need to repair your product or get a refund.
At ContractsCounsel, an online legal network connecting clients with lawyers, we have all the info you need to make a warranty claim and when you should contact one of our lawyers on the platform to help you.
What are the Different Types of Warranties?
There are three main types of warranties:
- Express Warranty. This is a manufacturer's guarantee that the product meets quality standards and will be repaired or replaced if found to be defective.
- Implied Warranty. The manufacturer guarantees that the product works in the way it should.
- Extended Warranty. These are warranties on valuable products, such as electronics or cars.
When Do Warranty Claims Happen?
Warranty claims tend to occur when the buyer realizes that the product is defective or doesn’t work, and they are still within the warranty timeframe of making a claim. If the manufacturer isn’t agreeing to provide coverage for the fault or issue, they might enter into a dispute.
How Should You Deal with a Warranty Dispute?
If you’ve tried to contact the manufacturer about a warranty but they won’t repair the faulty product or give you a refund, there are important things you should do.
Check the Warranty Terms
Review the warranty document you received when you purchased the product. You’ll find information about what it covers, what you need to do to ensure you’re covered, and any exclusions. These might apply to your situation.
Report the Issue
If you haven’t already, you should contact the manufacturer for a resolution. Include the warranty document and show proof that you’ve fulfilled your duties, such as keeping the receipt for the product or filling out and submitting the warranty form.
Provide Details of the Fault
If the product isn’t working as it should, be as detailed as possible about what has been going wrong. The more information you can provide, the more equipped the manufacturer will be to help you.
What Happens if the Manufacturer Doesn’t Provide Coverage?
If you’ve tried to contact the manufacturer for a solution to the problem but they haven’t agreed to help you, you still have options.
Get a Written Explanation
Ask the manufacturer to send you a clear, specific reason why they are refusing the claim. This will prevent them from trying to avoid giving you a reason, and you can use their response if you seek legal guidance for the dispute.
Escalate the Issue
Find out who you should speak to if your claim hasn’t been resolved during your first attempt. This might entail reaching out to a warranty or claims department in the company.
Send them all your documents that explain the issue in a clear, specific way. Provide proof of the fault or issue, such as videos or pictures.
When Should You Hire a Lawyer for a Warranty Claim?
Although you might not require legal guidance for general warranty claims, there are times when it’s a good move. These include the following:
- The product is expensive, such as if it’s a home system, car, or major home appliance.
- The manufacturer is non-responsive. Despite getting in touch with them through the appropriate channels, they are not helping you.
- The manufacturer isn’t fulfilling the warranty. If you can clearly see that they are violating the warranty’s terms, you should consult a lawyer.
- You have a safety concern. You might have purchased a product that could harm people.
How Can a Lawyer Help You During a Warranty Claim?
Hiring a lawyer from ContractsCounsel can help you in various ways if you’re struggling to resolve a warranty dispute with a manufacturer. Here are things they will be able to do.
Send a Demand Letter
If the manufacturer or company won’t respond to you, a lawyer’s actions will likely encourage communication. They can draft a demand letter that requests a remedy from them, such as a refund.
Help you Figure Out Your Position
A lawyer will tell you if your warranty claim is legal and explain the warranty clauses as well as your rights in the situation.
Explain Your Options
You might not know how to navigate the issue, which is where a lawyer comes in. They’ll tell you what you can and should do to get a refund or replacement.
When resolving the dispute, they might suggest mediation or arbitration.
- Mediation is when you and the other party hire a third-party, neutral mediator to oversee your dispute and encourage you to negotiate so you can reach a favorable settlement.
- Arbitration is more formal than mediation. It involves hiring a third-party, neutral arbitrator who listens to the case, collects evidence, and decides on a legally-binding solution.
Gather Important Documents
A lawyer will help you to build your case by collecting all the documents that you need to have a successful claim, such as product purchase receipts, warranties, and communication with the manufacturer.
Negotiate on Your Behalf
A lawyer will communicate and negotiate with the manufacturer to attempt to reach a settlement.
Represent You
If your dispute escalates, such as if the claim is illegally denied, and goes to court, your lawyer will represent you.
Tips for Having Successful Warranty Claims
You can increase your chances of having a successful warranty claim in future by being prepared.
Keep All Receipts
Make sure you keep a file of receipts in case products fail. After purchase, scan and keep digital copies of the receipts and warranty so that you have them available if you need to email them to the manufacturer.
Understand the Warranty
If the warranty is unclear or has confusing terms, consult a lawyer on ContractsCounsel. They will be able to review the contract so that you better understand it. By doing this early on, you will avoid misunderstandings that could land you in a dispute in the future.
Only Use Authorized Repair Centers
These will prevent you from voiding the coverage provided by the warranty.
Do you need a warranty claim lawyer?
Contact a lawyer on ContractsCounsel. All lawyers on the platform are vetted and have years of experience in assisting clients with warranty claims. They’ll give you peace of mind to navigate a stressful warranty claim dispute in a legal, successful way.
