How to get a refund or warranty repair for a defective product or denied service in New Hampshire
In New Hampshire, manufacturers and sellers must honor express and implied warranties and provide remedies when goods fail to conform. For many consumer goods, the law requires manufacturers to make parts and service available and to designate local representatives for warranty service. For new motor vehicles there are special rules that can lead to replacement or refund if repairs cannot make the vehicle conform to warranty. Remedies can include repair, replacement, rescission, or damages, and consumers may pursue arbitration or other dispute procedures that the warranty includes.
If a seller or manufacturer refuses service or a refund, common legal tools include asserting express or implied warranty claims, using statutory warranty procedures for motor vehicles, and seeking remedies available under the Uniform Commercial Code when acceptance is revoked or the contract is rescinded for fraud. The Magnuson-Moss federal warranty law also supports informal dispute procedures incorporated into written warranties, which may affect how disputes are handled.
Current New Hampshire law
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The deadline that matters
For new motor vehicles, a consumer must notify the manufacturer in writing after the third repair attempt or after the vehicle has been out of service for a cumulative total of 30 or more business days to proceed under the vehicle statute, under N.H. Rev. Stat. § 357-D:4.
What New Hampshire law says
The law generally requires manufacturers who make an express warranty on consumer goods over $100 to provide a contact or in-state representative for warranty service and to make parts available to authorized service reps within 30 days of an order, with limited exceptions for events beyond the manufacturer’s control, under N.H. Rev. Stat. § 382-A:2-329. Warranties (express and implied) are construed to be cumulative and express warranties can displace inconsistent implied warranties under N.H. Rev. Stat. § 382-A:2-317. Remedies for fraud or material misrepresentation include all remedies available for nonfraudulent breaches, and rescission or return of goods does not bar a claim for damages under N.H. Rev. Stat. § 382-A:2-721. New motor vehicles have a specialized statutory scheme requiring manufacturers to ensure vehicles conform to warranties, to provide written repair orders, and to replace or refund a vehicle if, after a reasonable number of attempts, the defect substantially impairs use, market value, or safety; relief procedures and timelines are set out in N.H. Rev. Stat. §§ 357-D:3 and 357-D:4. At the federal level, the Magnuson-Moss Warranty Act encourages informal dispute settlement procedures in written warranties, and the FTC may review such procedures under 15 U.S.C. § 2310.
What to do
A common first step is to send a clear written demand (a demand letter) to the seller or manufacturer describing the defect and what remedy is requested.
A common next step is to keep all repair orders, receipts, and written communications, and to ask for written repair summaries each time a vehicle or product is examined or repaired.
A common option is to use any warranty dispute-settlement or arbitration procedure the warranty provides, or to elect statutorily created procedures for new motor vehicles.
A common parallel step is to document dates the product was in repair and the number of repair attempts, especially for new motor vehicle claims.
A common final step people try is seeking remedies available under the UCC such as rescission, refund, replacement, or damages when goods fail to conform.
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Common questions
Can a manufacturer be required to provide parts and service in New Hampshire?
Yes, manufacturers who give an express warranty for consumer goods over $100 must provide a contact or designate in-state representatives and make parts available to authorized New Hampshire service representatives within 30 days of an order, subject to limited exceptions, under N.H. Rev. Stat. § 382-A:2-329.
What special rules apply to new motor vehicle warranty claims?
New motor vehicles have a statutory scheme requiring manufacturers to ensure vehicles conform to warranties, to provide written repair orders, and, after a reasonable number of attempts or 30 business days out of service, to replace or refund the vehicle if the defect substantially impairs it, under N.H. Rev. Stat. §§ 357-D:3 and 357-D:4.
Does returning goods or rescinding a sale stop other claims?
No, rescission or return of goods does not necessarily bar claims for damages or other remedies; remedies for fraud or material misrepresentation include all remedies available for nonfraudulent breach under N.H. Rev. Stat. § 382-A:2-721.
Are there federal rules about warranty dispute procedures?
Yes, the Magnuson-Moss Warranty Act encourages informal dispute settlement procedures in written warranties and authorizes review of such procedures; see 15 U.S.C. § 2310.
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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
