Microfiche viewing system indexing and grouping product warranties by warrantor, rather than product class…
Opening text: F. Microfiche viewing system indexing and grouping product warranties by warrantor, rather than product class, satisfies the Trade Regulation Rule on Pre-Sale Availabilty of Written Warranty Terms 06 CFR 702) (42 R. 39381)
90 F.T.C. 986 · July 28, 1977 · File No. 7737015
source volume section (90 F.T.C. 986)
Text is machine-OCR of the printed volume and may contain errors. Advisory opinions are the Commission's views on proposed conduct, not binding orders.
90 F.
Microfiche viewing system indexing and grouping product warranties by warrantor, rather than product class, satisfies the Trade Regulation Rule on Pre-Sale Availabilty of Written Warranty Terms 06 CFR 702) (File No. 773 7015). (42 R. 39381).
Advisory Opinion Letter
July 28, 1977 Dear Mr. Croissant:
This is in response to your request for an advisory opinion regarding compliance with the Commission s Rule on the Pre-Sale Availability of Written Warranty Terms, 16 C.F. R. 702. You ask whether a microfiche viewing system which indexes and groups product warranties by warrantor, rather than by product class, satisfies Part 702.3(a)(1)(il) of the Pre-Sale Availability Rule. Part 702.3(a)(1)(ii) provides that a seller (retailer) may meet the requirements of the rule by maintaining a binder "or (other J similar system which wil provide the consumer with convenient access to copies of product warranties , 16 C. R. 702. 1(g). The rule permits sellers to index binders according to either product or warrantor. The Commission has carefully considered the matters set forth in your request. It is the Commission s conclusion that a microfiche viewing system which indexes and groups warranties by warrantor, rather than by product class, would satisfy Part 702.3(a)(1)(ii) of the Commission rule, ifthe following conditions are met: (1) Simple, complete instructions for use of the system are posted on each viewer;
(2) Personnel in each selling establishment familiar with the operation of the system are available to assist consumers should the need arise; and (3) The microfiche cards used to display warranties contain only warranty information.
These conditions are similar or identical to the conditions which the Commission set out in its advisory opinions to the National Retail Hardware Association, 41 Fed. Reg. 53472, and Sears, Roebuck Inc., ADVISORY OPINIONS 987
42 Fed. Reg. 15679. Those opinions concerned the use of other microfiche or ultrafiche systems under the Pre-Sale Availability Rule. The requirements of those opinions remain applicable to sellers using microfiche or ultrafiche systems in which warranties are grouped and indexed by product class rather than by warrantor. Your request referred only to microfiche viewing systems. The Commission believes that the differences between microfiche and ultrafiche systems are irrelevant for the purpose of complying with the Pre-Sale Availabilty Rule. Therefore, this opinion is also applicable to ultrafiche systems in which warranties are indexed and grouped by warrantor.
By direction of the Commission.