MAGNUSON-MOSS WARRANTY ACT
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MAGNUSON-MOSS WARRANTY ACT — Public Law 93-637
15 U.S.C. § 2301. Definitions
For the purposes of this chapter:
(1) The term "consumer product" means any tangible personal
property which is distributed in commerce and which is normally used for
personal, family, or household purposes (including any such property intended
to be attached to or installed in any real property without regard to
whether it is so attached or installed).
(2) The term "Commission" means the Federal Trade Commission.
(3) The term "consumer" means a buyer (other than for purposes
of resale) of any consumer product, any person to whom such product is
transferred during the duration of an implied or written warranty (or
service contract) applicable to the product, and any other person who
is entitled by the terms of such warranty (or service contract) or under
applicable State law to enforce against the warrantor (or service contractor)
the obligations of the warranty (or service contract).
(4) The term "supplier" means any person engaged in the business
of making a consumer product directly or indirectly available to consumers.
(5) The term "warrantor" means any supplier or other person
who gives or offers to give a written warranty or who is or may be obligated
under an implied warranty.
(6) The term "written warranty" means–
(A) any written affirmation of fact or written promise made in connection
with the sale of a consumer product by a supplier to a buyer which relates
to the nature of the material or workmanship and affirms or promises that
such material or workmanship is defect free or will meet a specified level
of performance over a specified period of time, or
(B) any undertaking in writing in connection with the sale by a supplier
of a consumer product to refund, repair, replace, or take other remedial
action with respect to such product in the event that such product fails
to meet the specifications set forth in the undertaking, which written
affirmation, promise, or undertaking becomes part of the basis of the
bargain between a supplier and a buyer for purposes other than resale
of such product.
(7) The term "implied warranty" means an implied warranty arising
under State law (as modified by sections 2308 and 2304(a) of this title)
in connection with the sale by a supplier of a consumer product.
(8) The term "service contract" means a contract in writing
to perform, over a fixed period of time or for a specified duration, services
relating to the maintenance or repair (or both) of a consumer product.
(9) The term "reasonable and necessary maintenance" consists
of those operations
(A) which the consumer reasonably can be expected to perform or have performed
(B) which are necessary to keep any consumer product performing its intended
function and operating at a reasonable level of performance.
(10) The term "remedy" means whichever of the following actions
the warrantor elects:
(B) replacement, or
(C) refund; except that the warrantor may not elect refund unless (i)
the warrantor is unable to provide replacement and repair is not commercially
practicable or cannot be timely made, or (ii) the consumer is willing
to accept such refund.
(11) The term "replacement" means furnishing a new consumer
product which is identical or reasonably equivalent to the warranted consumer
(12) The term "refund" means refunding the actual purchase price
(less reasonable depreciation based on actual use where permitted by rules
of the Commission).
(13) The term "distributed in commerce" means sold in commerce,
introduced or delivered for introduction into commerce, or held for sale
or distribution after introduction into commerce.
(14) The term "commerce" means trade, traffic, commerce, or
(A) between a place in a State and any place outside thereof, or
(B) which affects trade, traffic, commerce, or transportation described
in subparagraph (A).
(15) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone,
or American Samoa. The term "State law" includes a law of the
United States applicable only to the District of Columbia or only to a
territory or possession of the United States; and the term "Federal
law" excludes any State law.
15 U.S.C. § 2302. Rules governing contents of warranties
(a) Full and conspicuous disclosure of terms and conditions; additional
requirements for contents
In order to improve the adequacy of information available to consumers,
prevent deception, and improve competition in the marketing of consumer
products, any warrantor warranting a consumer product to a consumer by
means of a written warranty shall, to the extent required by rules of
the Commission, fully and conspicuously disclose in simple and readily
understood language the terms and conditions of such warranty. Such rules
may require inclusion in the written warranty of any of the following
items among others:
(1) The clear identification of the names and addresses of the warrantors.
(2) The identity of the party or parties to whom the warranty is extended.
(3) The products or parts covered.
(4) A statement of what the warrantor will do in the event of a defect,
malfunction, or failure to conform with such written warranty–at whose
expense–and for what period of time.
(5) A statement of what the consumer must do and expenses he must bear.
(6) Exceptions and exclusions from the terms of the warranty.
(7) The step-by-step procedure which the consumer should take in order
to obtain performance of any obligation under the warranty, including
the identification of any person or class of persons authorized to perform
the obligations set forth in the warranty.
(8) Information respecting the availability of any informal dispute settlement
procedure offered by the warrantor and a recital, where the warranty so
provides, that the purchaser may be required to resort to such procedure
before pursuing any legal remedies in the courts.
(9) A brief, general description of the legal remedies available to the
(10) The time at which the warrantor will perform any obligations under
(11) The period of time within which, after notice of a defect, malfunction,
or failure to conform with the warranty, the warrantor will perform any
obligations under the warranty.
(12) The characteristics or properties of the products, or parts thereof,
that are not covered by the warranty.
(13) The elements of the warranty in words or phrases which would not
mislead a reasonable, average consumer as to the nature or scope of the
(b) Availability of terms to consumer; manner and form for presentation
and display of information; duration; extension of period for written
warranty or service contract
(1)(A) The Commission shall prescribe rules requiring that the terms of
any written warranty on a consumer product be made available to the consumer
(or prospective consumer) prior to the sale of the product to him.
(B) The Commission may prescribe rules for determining the manner and
form in which information with respect to any written warranty of a consumer
product shall be clearly and conspicuously presented or displayed so as
not to mislead the reasonable, average consumer, when such information
is contained in advertising, labeling, point-of-sale material, or other
representations in writing.
(2) Nothing in this chapter (other than paragraph (3) of this subsection)
shall be deemed to authorize the Commission to prescribe the duration
of written warranties given or to require that a consumer product or any
of its components be warranted.
(3) The Commission may prescribe rules for extending the period of time
a written warranty or service contract is in effect to correspond with
any period of time in excess of a reasonable period (not less than 10
days) during which the consumer is deprived of the use of such consumer
product by reason of failure of the product to conform with the written
warranty or by reason of the failure of the warrantor (or service contractor)
to carry out such warranty (or service contract) within the period specified
in the warranty (or service contract).
(c) Prohibition on conditions for written or implied warranty; waiver
No warrantor of a consumer product may condition his written or implied
warranty of such product on the consumer’s using, in connection with such
product, any article or service (other than article or service provided
without charge under the terms of the warranty) which is identified by
brand, trade, or corporate name; except that the prohibition of this subsection
may be waived by the Commission if–
(1) the warrantor satisfies the Commission that the warranted product
will function properly only if the article or service so identified is
used in connection with the warranted product, and
(2) the Commission finds that such a waiver is in the public interest.
The Commission shall identify in the Federal Register, and permit public
comment on, all applications for waiver of the prohibition of this subsection,
and shall publish in the Federal Register its disposition of any such
application, including the reasons therefor.
(d) Incorporation by reference of detailed substantive warranty provisions
The Commission may by rule devise detailed substantive warranty provisions
which warrantors may incorporate by reference in their warranties.
(e) Applicability to consumer products costing more than $5.00
The provisions of this section apply only to warranties which pertain
to consumer products actually costing the consumer more than $5.
15 U.S.C. § 2303. Designation of written warranties
(a) Full (statement of duration) or limited warranty
Any warrantor warranting a consumer product by means of a written warranty
shall clearly and conspicuously designate such warranty in the following
manner, unless exempted from doing so by the Commission pursuant to subsection
(c) of this section:
(1) If the written warranty meets the Federal minimum standards for warranty
set forth in section 2304 of this title, then it shall be conspicuously
designated a "full (statement of duration) warranty".
(2) If the written warranty does not meet the Federal minimum standards
for warranty set forth in section 2304 of this title, then it shall be
conspicuously designated a "limited warranty".
(b) Applicability of requirements, standards, etc., to representations
or statements of customer satisfaction
This section and sections 2302 and 2304 of this title shall not apply
to statements or representations which are similar to expressions of general
policy concerning customer satisfaction and which are not subject to any
(c) Exemptions by Commission
In addition to exercising the authority pertaining to disclosure granted
in section 2302 of this title, the Commission may by rule determine when
a written warranty does not have to be designated either "full (statement
of duration)" or "limited" in accordance with this section.
(d) Applicability to consumer products costing more than $10.00 and not
designated as full warranties
The provisions of subsections (a) and (c) of this section apply only to
warranties which pertain to consumer products actually costing the consumer
more than $10 and which are not designated "full (statement of duration)
15 U.S.C. § 2304. Federal minimum standards for warranties
(a) Remedies under written warranty; duration of implied warranty; exclusion
or limitation on consequential damages for breach of written or implied
warranty; election of refund or replacement
In order for a warrantor warranting a consumer product by means of a written
warranty to meet the Federal minimum standards for warranty–
(1) such warrantor must as a minimum remedy such consumer product within
a reasonable time and without charge, in the case of a defect, malfunction,
or failure to conform with such written warranty;
(2) notwithstanding section 2308(b) of this title, such warrantor may
not impose any limitation on the duration of any implied warranty on the
(3) such warrantor may not exclude or limit consequential damages for
breach of any written or implied warranty on such product, unless such
exclusion or limitation conspicuously appears on the face of the warranty;
(4) if the product (or a component part thereof) contains a defect or
malfunction after a reasonable number of attempts by the warrantor to
remedy defects or malfunctions in such product, such warrantor must permit
the consumer to elect either a refund for, or replacement without charge
of, such product or part (as the case may be). The Commission may by rule
specify for purposes of this paragraph, what constitutes a reasonable
number of attempts to remedy particular kinds of defects or malfunctions
under different circumstances. If the warrantor replaces a component part
of a consumer product, such replacement shall include installing the part
in the product without charge.
(b) Duties and conditions imposed on consumer by warrantor
(1) In fulfilling the duties under subsection (a) of this section respecting
a written warranty, the warrantor shall not impose any duty other than
notification upon any consumer as a condition of securing remedy of any
consumer product which malfunctions, is defective, or does not conform
to the written warranty, unless the warrantor has demonstrated in a rulemaking
proceeding, or can demonstrate in an administrative or judicial enforcement
proceeding (including private enforcement), or in an informal dispute
settlement proceeding, that such a duty is reasonable.
(2) Notwithstanding paragraph (1), a warrantor may require, as a condition
to replacement of, or refund for, any consumer product under subsection
(a) of this section, that such consumer product shall be made available
to the warrantor free and clear of liens and other encumbrances, except
as otherwise provided by rule or order of the Commission in cases in which
such a requirement would not be practicable.
(3) The Commission may, by rule define in detail the duties set forth
in subsection (a) of this section and the applicability of such duties
to warrantors of different categories of consumer products with "full
(statement of duration)" warranties.
(4) The duties under subsection (a) of this section extend from the warrantor
to each person who is a consumer with respect to the consumer product.
(c) Waiver of standards
The performance of the duties under subsection (a) of this section shall
not be required of the warrantor if he can show that the defect, malfunction,
or failure of any warranted consumer product to conform with a written
warranty, was caused by damage (not resulting from defect or malfunction)
while in the possession of the consumer, or unreasonable use (including
failure to provide reasonable and necessary maintenance).
(d) Remedy without charge
For purposes of this section and of section 2302(c) of this title, the
term "without charge" means that the warrantor may not assess
the consumer for any costs the warrantor or his representatives incur
in connection with the required remedy of a warranted consumer product.
An obligation under subsection (a)(1)(A) of this section to remedy without
charge does not necessarily require the warrantor to compensate the consumer
for incidental expenses; however, if any incidental expenses are incurred
because the remedy is not made within a reasonable time or because the
warrantor imposed an unreasonable duty upon the consumer as a condition
of securing remedy, then the consumer shall be entitled to recover reasonable
incidental expenses which are so incurred in any action against the warrantor.
(e) Incorporation of standards to products designated with full warranty
for purposes of judicial actions
If a supplier designates a warranty applicable to a consumer product as
a "full (statement of duration)" warranty, then the warranty
on such product shall, for purposes of any action under section 2310(d)
of this title or under any State law, be deemed to incorporate at least
the minimum requirements of this section and rules prescribed under this
15 U.S.C. § 2305. Full and limited warranting of a consumer product
Nothing in this chapter shall prohibit the selling of a consumer product
which has both full and limited warranties if such warranties are clearly
and conspicuously differentiated.
15 U.S.C. § 2306. Service contracts; rules for full, clear and
conspicuous disclosure of terms and conditions; addition to or in lieu
of written warranty
(a) The Commission may prescribe by rule the manner and form in which
the terms and conditions of service contracts shall be fully, clearly,
and conspicuously disclosed.
(b) Nothing in this chapter shall be construed to prevent a supplier or
warrantor from entering into a service contract with the consumer in addition
to or in lieu of a written warranty if such contract fully, clearly, and
conspicuously discloses its terms and conditions in simple and readily
15 U.S.C. § 2307. Designation of representatives by warrantor
to perform duties under written or implied warranty
Nothing in this chapter shall be construed to prevent any warrantor from
designating representatives to perform duties under the written or implied
warranty: Provided, That such warrantor shall make reasonable arrangements
for compensation of such designated representatives, but no such designation
shall relieve the warrantor of his direct responsibilities to the consumer
or make the representative a cowarrantor.
15 U.S.C. § 2308. Implied warranties
(a) Restrictions on disclaimers or modifications
No supplier may disclaim or modify (except as provided in subsection (b)
of this section) any implied warranty to a consumer with respect to such
consumer product if
(1) such supplier makes any written warranty to the consumer with respect
to such consumer product, or
(2) at the time of sale, or within 90 days thereafter, such supplier enters
into a service contract with the consumer which applies to such consumer
(b) Limitation on duration
For purposes of this chapter (other than section 2304(a)(2) of this title),
implied warranties may be limited in duration to the duration of a written
warranty of reasonable duration, if such limitation is conscionable and
is set forth in clear and unmistakable language and prominently displayed
on the face of the warranty.
(c) Effectiveness of disclaimers, modifications, or limitations
A disclaimer, modification, or limitation made in violation of this section
shall be ineffective for purposes of this chapter and State law.
15 U.S.C. § 2309. Procedures applicable to promulgation of rules
by Commission; rulemaking proceeding for warranty and warranty practices
involved in sale of used motor vehicles
(a) Any rule prescribed under this chapter shall be prescribed in accordance
with section 553 of Title 5; except that the Commission shall give interested
persons an opportunity for oral presentations of data, views, and arguments,
in addition to written submissions. A transcript shall be kept of any
oral presentation. Any such rule shall be subject to judicial review under
section 57a(e) of this title in the same manner as rules prescribed under
section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of
this title shall not apply.
(b) The Commission shall initiate within one year after January 4, 1975,
a rulemaking proceeding dealing with warranties and warranty practices
in connection with the sale of used motor vehicles; and, to the extent
necessary to supplement the protections offered the consumer by this chapter,
shall prescribe rules dealing with such warranties and practices. In prescribing
rules under this subsection, the Commission may exercise any authority
it may have under this chapter, or other law, and in addition it may require
disclosure that a used motor vehicle is sold without any warranty and
specify the form and content of such disclosure.
15 U.S.C. § 2310. Remedies in consumer disputes
(a) Informal dispute settlement procedures; establishment; rules setting
forth minimum requirements; effect of compliance by warrantor; review
of informal procedures or implementation by Commission; application to
existing informal procedures
(1) Congress hereby declares it to be its policy to encourage warrantors
to establish procedures whereby consumer disputes are fairly and expeditiously
settled through informal dispute settlement mechanisms.
(2) The Commission shall prescribe rules setting forth minimum requirements
for any informal dispute settlement procedure which is incorporated into
the terms of a written warranty to which any provision of this chapter
applies. Such rules shall provide for participation in such procedure
by independent or governmental entities.
(3) One or more warrantors may establish an informal dispute settlement
procedure which meets the requirements of the Commission’s rules under
paragraph (2). If–
(A) a warrantor establishes such a procedure,
(B) such procedure, and its implementation, meets the requirements of
such rules, and
(C) he incorporates in a written warranty a requirement that the consumer
resort to such procedure before pursuing any legal remedy under this section
respecting such warranty, then
(I) the consumer may not commence a civil action (other than a class action)
under subsection (d) of this section unless he initially resorts to such
(ii) a class of consumers may not proceed in a class action under subsection
(d) of this section except to the extent the court determines necessary
to establish the representative capacity of the named plaintiffs, unless
the named plaintiffs (upon notifying the defendant that they are named
plaintiffs in a class action with respect to a warranty obligation) initially
resort to such procedure. In the case of such a class action which is
brought in a district court of the United States, the representative capacity
of the named plaintiffs shall be established in the application of rule
23 of the Federal Rules of Civil Procedure. In any civil action arising
out of a warranty obligation and relating to a matter considered in such
a procedure, any decision in such procedure shall be admissible in evidence.
(4) The Commission on its own initiative may, or upon written complaint
filed by any interested person shall, review the bona fide operation of
any dispute settlement procedure resort to which is stated in a written
warranty to be a prerequisite to pursuing a legal remedy under this section.
If the Commission finds that such procedure or its implementation fails
to comply with the requirements of the rules under paragraph (2), the
Commission may take appropriate remedial action under any authority it
may have under this chapter or any other provision of law.
(5) Until rules under paragraph (2) take effect, this subsection shall
not affect the validity of any informal dispute settlement procedure respecting
consumer warranties, but in any action under subsection (d) of this section,
the court may invalidate any such procedure if it finds that such procedure
(b) Prohibited acts
It shall be a violation of section 45(a)(1) of this title for any person
to fail to comply with any requirement imposed on such person by this
chapter (or a rule thereunder) or to violate any prohibition contained
in this chapter (or a rule thereunder).
(c) Injunction proceedings by Attorney General or Commission for deceptive
warranty, noncompliance with requirements, or violating prohibitions;
(1) The district courts of the United States shall have jurisdiction of
any action brought by the Attorney General (in his capacity as such),
or by the Commission by any of its attorneys designated by it for such
purpose, to restrain
(A) any warrantor from making a deceptive warranty with respect to a consumer
(B) any person from failing to comply with any requirement imposed on
such person by or pursuant to this chapter or from violating any prohibition
contained in this chapter. Upon proper showing that, weighing the equities
and considering the Commission’s or Attorney General’s likelihood of ultimate
success, such action would be in the public interest and after notice
to the defendant, a temporary restraining order or preliminary injunction
may be granted without bond. In the case of an action brought by the Commission,
if a complaint under section 45 of this title is not filed within such
period (not exceeding 10 days) as may be specified by the court after
the issuance of the temporary restraining order or preliminary injunction,
the order or injunction shall be dissolved by the court and be of no further
force and effect. Any suit shall be brought in the district in which such
person resides or transacts business. Whenever it appears to the court
that the ends of justice require that other persons should be parties
in the action, the court may cause them to be summoned whether or not
they reside in the district in which the court is held, and to that end
process may be served in any district.
(2) For the purposes of this subsection, the term "deceptive warranty"
(A) a written warranty which
(I) contains an affirmation, promise, description, or representation which
is either false or fraudulent, or which, in light of all of the circumstances,
would mislead a reasonable individual exercising due care; or
(ii) fails to contain information which is necessary in light of all of
the circumstances, to make the warranty not misleading to a reasonable
individual exercising due care; or
(B) a written warranty created by the use of such terms as "guaranty"
or "warranty", if the terms and conditions of such warranty
so limit its scope and application as to deceive a reasonable individual.
(d) Civil action by consumer for damages, etc.; jurisdiction; recovery
of costs and expenses; cognizable claims
(1) Subject to subsections (a)(3) and (e) of this section, a consumer
who is damaged by the failure of a supplier, warrantor, or service contractor
to comply with any obligation under this chapter, or under a written warranty,
implied warranty, or service contract, may bring suit for damages and
other legal and equitable relief–
(A) in any court of competent jurisdiction in any State or the District
of Columbia; or
(B) in an appropriate district court of the United States, subject to
paragraph (3) of this subsection.
(2) If a consumer finally prevails in any action brought under paragraph
(1) of this subsection, he may be allowed by the court to recover as part
of the judgment a sum equal to the aggregate amount of cost and expenses
(including attorneys’ fees based on actual time expended) determined by
the court to have been reasonably incurred by the plaintiff for or in
connection with the commencement and prosecution of such action, unless
the court in its discretion shall determine that such an award of attorneys’
fees would be inappropriate.
(3) No claim shall be cognizable in a suit brought under paragraph (1)(B)
of this subsection–
(A) if the amount in controversy of any individual claim is less than
the sum or value of $25;
(B) if the amount in controversy is less than the sum or value of $50,000
(exclusive of interests and costs) computed on the basis of all claims
to be determined in this suit; or
(C) if the action is brought as a class action, and the number of named
plaintiffs is less than one hundred.
(e) Class actions; conditions; procedures applicable
No action (other than a class action or an action respecting a warranty
to which subsection (a)(3) of this section applies) may be brought under
subsection (d) of this section for failure to comply with any obligation
under any written or implied warranty or service contract, and a class
of consumers may not proceed in a class action under such subsection with
respect to such a failure except to the extent that court determines necessary
to establish the representative capacity of the named plaintiffs, unless
the person obligated under the warranty or service contract is afforded
a reasonable opportunity to cure such failure to comply. In the case of
such a class action (other than a class action respecting a warranty to
which subsection (a)(3) of this section applies) brought under subsection
(d) of this section for breach of any written or implied warranty or service
contract, such reasonable opportunity will be afforded by the named plaintiffs
and they shall at that time notify the defendant that they are acting
on behalf of the class. In the case of such a class action which is brought
in a district court of the United States, the representative capacity
of the named plaintiffs shall be established in the application of rule
23 of the Federal Rules of Civil Procedure.
(f) Warrantors subject to enforcement of remedies
For purposes of this section, only the warrantor actually making a written
affirmation of fact, promise, or undertaking shall be deemed to have created
a written warranty, and any rights arising thereunder may be enforced
under this section only against such warrantor and no other person.
15 U.S.C. § 2311. Applicability to other laws
(a) Federal Trade Commission Act and Federal Seed Act
(1) Nothing contained in this chapter shall be construed to repeal, invalidate,
or supersede the Federal Trade Commission Act or any statute defined therein
as an Antitrust Act.
(2) Nothing in this chapter shall be construed to repeal, invalidate,
or supersede the Federal Seed Act and nothing in this chapter shall apply
to seed for planting.
(b) Rights, remedies, and liabilities
(1) Nothing in this chapter shall invalidate or restrict any right or
remedy of any consumer under State law or any other Federal law.
(2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and
(4) of this title) shall
(A) affect the liability of, or impose liability on, any person for personal
(B) supersede any provision of State law regarding consequential damages
for injury to the person or other injury.
(c) State warranty laws
(1) Except as provided in subsection (b) of this section and in paragraph
(2) of this subsection, a State requirement–
(A) which relates to labeling or disclosure with respect to written warranties
or performance thereunder;
(B) which is within the scope of an applicable requirement of sections
2302, 2303, and 2304 of this title (and rules implementing such sections),
(C) which is not identical to a requirement of section 2302, 2303, or
2304 of this title (or a rule thereunder), shall not be applicable to
written warranties complying with such sections (or rules thereunder).
(2) If, upon application of an appropriate State agency, the Commission
determines (pursuant to rules issued in accordance with section 2309 of
this title) that any requirement of such State covering any transaction
to which this chapter applies
(A) affords protection to consumers greater than the requirements of this
(B) does not unduly burden interstate commerce, then such State requirement
shall be applicable (notwithstanding the provisions of paragraph (1) of
this subsection) to the extent specified in such determination for so
long as the State administers and enforces effectively any such greater
(d) Other Federal warranty laws
This chapter (other than section 2302(c) of this title) shall be inapplicable
to any written warranty the making or content of which is otherwise governed
by Federal law. If only a portion of a written warranty is so governed
by Federal law, the remaining portion shall be subject to this chapter.
15 U.S.C. § 2312. Effective dates
(a) Effective date of chapter
Except as provided in subsection (b) of this section, this chapter shall
take effect 6 months after January 4, 1975, but shall not apply to consumer
products manufactured prior to such date.
(b) Effective date of section 2302(a)
Section 2302(a) of this title shall take effect 6 months after the final
publication of rules respecting such section; except that the Commission,
for good cause shown, may postpone the applicability of such sections
until one year after such final publication in order to permit any designated
classes of suppliers to bring their written warranties into compliance
with rules promulgated pursuant to this chapter.
(c) Promulgation of rules
The Commission shall promulgate rules for initial implementation of this
chapter as soon as possible after January 4, 1975, but in no event later
than one year after such date.