Voiding warranty for opening illegal in US since 1975

[j.p.s]

It is very common for people (and vendors) to say that opening a device will void the warranty for that device. In the US, the 1975 Magnuson-Moss Warranty Act makes such voiding illegal. I just heard that mentioned in passing on the radio. Trying to track that down is proving a bit challenging to me, but it looks like 700.10(c) does it by prohibiting requiring repairs being performed by those authorized by the manufacturer. (Can't repair without opening, so...) Maybe it is more explicit in some other section.

https://www.ecfr.gov/current/title-1...ter-G/part-700

The FTC got serious about this with respect to electronics at least by 2018.

https://www.vice.com/en/article/gv5d...rs-are-illegal
https://www.vice.com/en/article/xw7b...do-ftc-letters

Of course, if any damage is done during or after the opening I assume the warranty is terminated.

I've created this thread as a convenience for reference for the next time the myth comes up on mobileread. If anyone has better references than the above please chime in.

[Quoth]

In EU and countries implementing EU SOGA it's a little more complicated.
1) Your contract is with the retailer. The retailer is responsible for warranty for 1 to 6 years depending on product.
2) Any maker's warranty is in addition to rights under (1).

The "warranty is void if this sticker is damaged" may indeed be invalid or only apply to (2).

In general only a qualified person (for the product repair) should open a product, but many items can easily be opened without any damage.

I've seen one radio with a clock where the clock battery is separate and only accessible by taking out all the screws on rear of case and opening it. Then the button cell can easily be replaced.
Many laptops have a separate CMOS/Clock battery that wears out and only accessible by disassembly of the laptop. Dell and Lenovo often supply free service manuals that show how to do this.

In the early 1980s we repaired PSUs for Apple retailers, as generally any warranty only applies to a customer. Our repair charge was cheaper than the shipping to Apple, who would charge the retailer for a PSU, no warranty to retailer. Apple got fined more recently for selling "warranties" to customers. If Apple or any other maker sell direct, the local version of SOGA applies. Even today a retailer may get no replacement. The EU is looking at forcing makers to give a similar SOGA rights to wholesale/retail.

[j.p.s]

Thanks for the EU situation, but I would like for posts to this thread to have some kind of authoritative reference. (Supplemental secondary references or media references OK for elaborative, explanatory, news are OK, especially if no pointer to an authoritative reference can be found.

Not aimed at Quoth:
While I am at it, posts pointing out that legalities and practical realities may conflict would not add to the discussion and are not welcome. Please consider that point already made.

[Quoth]

SOGA National legislation (The EU equivalent is similar)

4.1 Australia
4.2 Bangladesh
4.3 India
4.4 Malaysia
4.5 New Zealand
4.6 United Kingdom
https://en.wikipedia.org/wiki/Sale_of_Goods_Act

Applies only to consumer, i.e. retail purchase. You may not have any protection in SOGA or EU equivalent if you buy from a wholesale or trade outlet, or a company only selling to business (i.e. VAT registered in many countries).

Strictly speaking there are no EU laws. The member countries agree via democratic votes on Directives, which unless there is an opt-out agreed, are then voted / implemented as laws in each country.
https://en.wikipedia.org/wiki/European_consumer_law
The issue of a retail "warranty" is one aspect. The UK SOGA by 2016 was matching the EU Directives, so the laws in EU countries and associated places (Norway, Switzerland) etc are nearly identical. The UK is proposing to ditch thousands of EU originated laws, which in many cases were slight variation of previous UK law purely by Ministerial Directive. This might involve removing consumer rights as in SOGA, product safety, workplace safety, worker rights etc as part of "bonfire of red tape". So far Brexit has increased UK red tape.

So just as Chinese or other sellers abroad from your country might ignore warranty rights, the UK also might be a risky source in the future. Already people in Ireland can't get warranty return of Nintendo controllers, because the return address is in the UK (rather than NL, DE or local) and Nintendo is refusing to do the UK customs paperwork even though they send a local courier to pick up the faulty controller. The courier then refuses the pickup as there is no customs declaration (making one yourself would go badly as the paper has to be matched by an online entry by Nintendo).

Here in Ireland any awkward retailer backs down and offers refund or replacement or repair (their choice and usually refund) as soon as you mention the Small Claims court.

I had a faulty Kobo on arrival and they wanted me to pay for shipping. I pointed out that it wasn't the "I'm changing my mind" scenario, but warranty so they needed to pay shipping. There was no argument and the customs/courier docs were emailed. Actually the return address was the Netherlands (also in EU). Eventually the working replacement arrived.

If I had not known my rights I would have had to pay Courier Ireland to Netherlands. No postage allowed because of the battery (cell). There is a long list of stuff that can only go by courier.

So find out your local rights. If you mail order from abroad it is local warranty law that applies!