Thanks to everyone who chimed in on this yesterday. I believe that the
consensus was that there was no absolute requirement that manufactures
make replacement parts available, at least at the federal level.
That being said - A number of issues were brought up that would deserve
further consideration. The main one was the issue of warranties and then
the legalities of providing parts. Another was best industry practices,
many thought it would be in there best interests to provide them.
Fluctuations in legalities do exist in areas of environmental
protection, safety, antitrust, and patent issues. Also, some state law
have replacement parts provisions. One side note is that the Right to
Repair Act is pending before Congress now, so it will be interesting to
see what effect that might have on all of this.
A Few Sources
1. Best practices - Trade associations or legal counsel of similar
manufacturers.
2. Warranties - Federal Trade Commission website, UCC 2-725, 15 USC
2301, 16 CFR 700, The law of product warranties / Clark, Barkley
3. Cal. Civ. Code 1793.03
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02
000&file=1792-1795.8
<http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-0
2000&file=1792-1795.8>
4. Right to Repair Act - HR 2057
http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2057
<http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2057>
________________________________
Moore & Van Allen <http://www.mvalaw.com/>
Catherine H. Loveday
Reference Librarian
Suite 4700
100 North Tryon Street
Charlotte, NC 28202-4003
T 704 331 3590
F 704 331 1159
catherineloveday@mvalaw.com
www.mvalaw.com <http://www.mvalaw.com/>
________________________________
From: owner-law-lib@ucdavis.edu
[mailto:owner-law-lib@ucdavis.edu] On Behalf Of Catherine Loveday
Sent: Monday, June 08, 2009 3:38 PM
To: law-lib@ucdavis.edu
Subject: [LAW-LIB:59192] Interesting Reference Question?
Does anyone know whether or not a manufacturer is required to
make replacement parts available? I've checked the FTC site, as well as,
Wexis and have not been able to come up with a definitive answer. Any
help would be appreciated. (This would involved an electronics
manufacturer, if that helps.)
Catherine H. Loveday
Reference Librarian
Suite 4700
100 North Tryon Street
Charlotte, NC 28202-4003
T 704 331 3590
F 704 331 1159
catherineloveday@mvalaw.com
www.mvalaw.com <file://www.mvalaw.com>
________________________________
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