06-009 Code Vt. R. 06-031-009-X

Current through August, 2024
Section 06 031 009 - RULE CF 102 - SELLER'S WARRANTY OBLIGATIONS
Section 102.01 Representation of Seller

The sale to consumers or the solicitation of consumers to purchase goods or services constitutes an affirmative representation that the seller or solicitor will honor all of his express and implied warranties with respect to such goods or services.

Section 102.02 Unfair and Deceptive Trade Act and Practice

The sale of goods or services to a consumer and the subsequent failure of the seller or solicitor to honor his express and implied warranties with respect to such goods or services constitutes an unfair and deceptive trade act and practice in commerce under 9 V.S.A. Section 2453(a).

Section 102.03 Definition

"Honor" means to legally satisfy a warranty obligation within a reasonable time after receiving notice of a defect.

Section 102.04 Exception

The sale of goods or services to a consumer and the subsequent failure of the seller or solicitor to honor his warranty obligations with respect to those goods or services will not constitute a violation of this rule where the seller or solicitor can demonstrate unusual or extraordinary facts which would make the finding of a violation inequitable in all the circumstances. Repeated attempts to repair an item which prove to be unsuccessful will not be considered unusual or extraordinary facts.Statutory Authority: 9 V.S.A. § 2453

06-009 Code Vt. R. 06-031-009-X

Effective Date: February 1974