This week the topic is a continuation of Chapter 4 of the Maine Consumer Law Guide. We are at the point of discussing implied warranties and what you can do if those warranties are breached by the seller or manufacturer by not providing adequate repair or replacement of defective merchandise.

Both the seller and the manufacturer are responsible for any incidental and consequential damages (they should provide you with free repairs or replacement). If you were to purchase a consumer product such as a television, and it breaks down within the warranty period, both the seller and the manufacturer are responsible. The first effort to rectify the problem is to give the seller the first opportunity to clear the problem. This covers new cars, appliances and all other consumer goods. This is a broad scope of products. It is important to document all dealings with the seller by keeping notes about dates, times, persons you talk to and details of conversations.

If this effort seems to no avail, you should contact the manufacturer as this gets them both involved. Keep as much as possible in writing, and keep copies of all receipts and correespondence. If that effort fails, perhaps legal action is necessary or contact the Maine Attorney General's Office of Consumer Protection. Remember, the seller and the manufacturer are responsible and neither one can remove themselves from being part of the process. In addition, neither one can shift the responsibility to the other.

Maine Law prohibits unfair trade practices act violations. If a seller or manufacturer attempts verbally or in writing to exclude or modify your implied warranty rights, they are violating the law and their attempt is unenforceable against you. You may be the victim, in certain circumstances, of an unfair trade practice if the seller or merchant refuses to honor implied warranty when you have purchased a defective consumer item. In order to rise to the unfair trade practice, the refusal must reflect "some attribute of unfairness or deception." Legal action may be appropriate in certain cases of unfair trade practices.

If you have any questions I suggest you call the Maine Attorney General's Office in Augusta.

Next time we will discuss transferring warranties, mail order and Internet sales and more on consumer rights.

Hint for the week: Keep your receipts for everything you buy. Keep warranties and other papers together for each product. Create a file for this material.

NOTE: You can go to prior articles in this series by entering "consumer corner" in the search box at the top right hand area of the Penobscot Bay Pilot front page. This will bring you up to speed about warranties, both express and implied.

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Who is Dale Hayward?

Dale Hayward was born and raised in Belfast and Northport, and lives in Rockland.

He graduated from Harford Institute of Accounting in Connecticut and served in the U.S. Air Force from 1966 to 1970. He was a state auditor in Delaware and Maine, where he also owned and operated private accounting practices. From 1978 to 1992 he owned and operated Seaport Office Supply. For the next eight years he drove a tour bus 600,000 miles across the United States and Canada.

Dale holds a Bachelor of Science in business administration, with a major in management and a minor in finance, from the University of Maine. He retired in 2007. He previously presented a consumer talk show on WRFR.

On why he continues to share consumer information, Dale said, "Consumer information is critical for people to survive in this economy and I would like to share my extension knowledge after having researched issues for many years. The format is to provide tips, advice and facts for people to check out further. This is not legal advice and does not carry any promises."