UCC § 2308(a)
Magnuson-Moss Warranty Act: Implied Warranty Disclaimer Bar
No supplier may disclaim or modify (except as provided in subsection (b)) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.
Professor's notes
Federal floor on consumer-product warranty disclaimer. The Magnuson-Moss Warranty Act, 15 U.S.C. § 2308(a), federalizes a consumer-protection move that the UCC's § 2-316 disclaimer machinery would otherwise allow: a seller who gives ANY written warranty on a consumer product cannot then disclaim the implied warranties of merchantability and fitness for that product.
The mechanics. Under § 2-316, an implied warranty can be disclaimed by conspicuous language using "as is," "with all faults," or naming the warranty by reference. Magnuson-Moss overrides that: once the seller takes the affirmative step of a written warranty, the implied warranties stick.
Common misunderstanding: students think Magnuson-Moss is a wholesale federal preemption of UCC warranty rules. It is not. It applies only to consumer products (not B2B) and only when the supplier has issued a written warranty or service contract. Pure as-is consumer sales without any written warranty remain governable under § 2-316. The statute is a federal nudge toward warranty-bundling honesty: if you market on warranty quality, you cannot then strip the implied warranties off.
Source: 15 U.S.C. § 2308(a). Not a UCC section — flagged in the rules collection for cross-reference purposes only.
Federal consumer-protection overlay on UCC § 2-316. Applies to consumer products only.