of amplifling this bio-electricitl with comments on integrated circuit selection and circuit design. Emphasis is placed on the safe interconnection of the bio-electric interface to the microprocessor insuring that elec·trieal isolation is maintaned between them. Lastly a brief electronic systems. A short discussion on the biological origin of this electrical activity will be given. followed by tec·hnical methods to exploit this pher.omenon.
i1.pplication of .this switch to various microprocessor systems then will illustrate adaptation of microprocessor systems to the physically handicar·pe4. With this adaptation systems can be tailored to individual needs. by the handicapped individual himself. This self-tailoring process can provide new vistas ~f recreation. education. communication and enhanced independance.
Electro-physiology:
This ten dollar word describes the universal property of all living things to generate very small but measurable electrical currents. The popular areas of Bio-feedback use several bio-electrical potentials or voltages to study v4rious body functions· which then are. converted to some auditory or visual signal with which our senses can deal.
These signals have origin in individual cells going through the repetative process of concetrating salts from body fluids.
These salts am concentrated so that one salt will be in high concentration inside the cell~ while another will remain
c?ncetrate~just outside the cell. These concentrations are maintaned by the cell membrane but can rapidly change when certain environmental stimulae disturb the cell membrane. When these finely balanced concentrations change rapidly a small pulse of approximately 50 millivolts
Interfacing Bio-electricity to the Outside World~
Since the Qio-electric signals just discussed are of such small voltage, thel must be amp·lified before they can be modified or processed by any digital system. However this amplification must take place with as little interference to the biological system as possible. Therefore an quality electrode metal(siLver!) and are self adhesive.
The amplified signal can now be monitored from the output of the amplifier by an oncilloscope or a low cant audio am!~lifier and permanent magneL speaker.
One soon learns the tell-tale hum or smooth sinewavefor~
of 60Hz noise being amplified through the system.
Bl the appropriate adjustment the 60Hz. noise can be
"tuned" out so only the irregular higher- frequency biological signal ~ets through.
The monitor •• signal must now be smoothed so that in effect a slowed waveform is presented to the next stage of the bio-interface unit. This process is called integration. Integration of the signal is accomplished with a • wave rectifier or diode and a resitance/capacitance network to store the signal for the time constant of the reSistor-capacitor network. This in~egrated signal
has a slow enough transition to trigger a 7413 dual nand Schmitt trigger, which then outputs a TTL pulse for each threshhold crossing of the input signal.
The TTL trigger pulse is lea~ to a monos table multivibrator wliich outpuh a pulse of predetermined duration. During this period it cannot be retriggered· next interconnection step. right?
h'RONG! The interface must be comple.tell isolated electrIC"ill'y from the microprocessor and its' high amperagp DC voltages. This is not sa difficult a .tasJt to accomplish as one might suspect. A photo-optic isolator of the LED/Photo transistor type is quite effective in achieving the necessary e·lec.trica]
isolation. It ~s also suggested that in construction alpha-numerics or actual machine operational codes.
A simple "bootstrap" loader could be contained in Read Only Memory 'to give power on start capabilities.
Using the single bit line as a direct flag to the micro-processor envolves writing the appropriate software to test the flag and the execute an interogative interaction with the operator to determine function to be programmed. This may take longer to facilitate
G.E. Transistor Manual (Li/i!:'ht Neight Edition) General Electric Co •.• Syracuse , New York, 1969 Geddes. L.A. and Baker, L.E.
Principles of Applied Biomedical Instrumentation John Wilel and Sons, Inc. , New York, N.Y. 1968 Millman. J. and Halkias,
e.e.
Integra ted Elec tronics: .~nalo{iue and Digital Circuits
·and Systems
McGraw-Hill Book Co., New York, N.Y. 1972 Vander Kooi. M.K~ et a1
Linear Applications, Volume 1
National Semiconductor Corp •• Santa Clara, Ca. 1973 Pharmacology. While there developed Electromyographic Switch for the severly handicapped and a micro-computor system for clinical drug analysis using Electro.-Myograms and
FIRST COMPUTER FAIRE PROCEEDINGS Encephalgrams, as indicators of patient/drug effects.
Presently deyeloping Bio-electrical switch and micro-processor card for use by the severly handicapped. . May be contact'ed at;
7297 Stanwood ~Jay
Sacramento, California 95R31 Phone: 916-391-5336
BOX 1579, PALO ALTO CA 94302 PAGE 71
FIRST COMPUTER FAIRE PROCEEDINGS BOX 1579, PALO ALTO CA 94302 , PAGE 72
WHAT TO DO AFTER YOU HIT RETURN . .. AND NOTIDNGHAPPENS: WARRANTY IN THE MICRO-COMPUTER INDUSTRY
Kenneth S. Widelitz, Attorney at Law, WA6PPZ 10406 Louisiana, No. 8
Los Angeles CA 90025
ABSTRACT OF FULL TEXT PAPER as the quality of their product and its sales price. As home computing catches on, the pur-This paper will discuss consumers' rights ,and chaser of a microcomputer will have less technical manufacturers' and retailers' liabilities under the expertise and will place a greater importance on Uniform Commercial Code, the Song-Beverly Warranty the warranty which accompanies the product he is Act of California and the ~eder~lly enac~ed Magnuson buying. Conceivably, the warranty can be as Moss Warranty Act. Attent~o~ w1ll be pa~~ to the important a factor in a purchase as the number of effects of warranty on the m1croc~mputer ~ndus~ry and bytes of memory or the speed of an I/O device.
examples will be 'drawn from the m1crocomputer 1ndustry. The warranty takes on added significance when the The paper will include a description of both express hobbiest realizes he will probably be spending and implied warranties. more money on 'his microcomputer system than on any
Special emphasis will be placed on the presale availability rule and on the repair facility require-ments. The paper will conclude with an analysis of formal dispute settlement mechanisms as a possible solution to the compatibility problem unique to the microcomputer industry.
Recently enacted legislation has made dramatic inroads into the evils of the well known maxim of
"caveat emptor" and, more importantly, the lesser known manufacturers' warranty maxim of "what the bold print giveth, the fine print taketh away."
Unfortunately, consumers, manufacturers and re-tailers are generally unaware of their rights and liabilities under this legislation. This is especially true in the home and personal computing field due to the recent emergence of the micro-computer industry.
For instance, manufacturers are unaware that they are in violation of federal legi,slation if they fail to clearly designate their written warranties as either "full" or "limited". Retail-ers and manufacturRetail-ers are not cognizant of the fact that they are in violation of federal legis-lation if they fail to conform to the presale availability rule which requires that every written warranty be readily available to the con-sumer prior to sale in a specified manner. Con-sumers are unaware that if a manufacturer or retailer breaches the terms of his express warranty, a
California Statute allows the consumer to re-cover treble damages plus costs and attorney's fees.
-The preparation of written warranties by micro-computer manufacturers has been given short shrift.
The manufacturer should give his warranty the same careful deliberation and consideration that he ' gives to the development of his product. A care-fully considered warranty can do much to promote brand loyalty and accurately cost out warranty liability. If a manufacturer costs out his potential liability based upon ass'wiiptions which are not viable due to the requirements of recent legislation, it might mean the difference between a profitable or loss year.
AS an example of possible liabilities unknown to the manufacturer, manufacturers are now re-quired to reimburse retailers who perform the
m~nufacturer's warranty repair work in an amount which includes a reasonable profit to the retailers.
Another example is in the area of implied war-ranties. Implied warranties can no longer 'be disclaimed where accompanied by written warranties.
This can be a critical warranty cost factor when considering that a manufacturer's liability under an implied warranty can be, greater than his liability under a written warranty.
As consumers become more aware of the presale availability rule relative to warranties, manu-facturers and retailers will have to recognize that their warranty will have to be as competitive
other item of personal property which ~e owns with the exception of his car (and automobile manu-facturers spend substantial sums advertising their warranties.) The more money someone spends on an item, the more careful he is about what he pur-chases. The consumer is also aware that there is generally a close correlation between the cost of a product and ,the cost to repair it if it fails to function properly.
The foregoing is intended to place the im-portance of the warranty in perspective for the manufacturer, retailer and consumer of micro-computers. The following discussion of warranty legislation applies to all consumer goods, but an attempt has been made to use examples of warranty problems unique to the microcomputer industry,.
WARRANTY LEGISLATION
There are three major pieces of legislation which govern warranties as they relate to consumer goods sold in California. The oldest is the Uni-form Commercial Code of California (U.C.C.) which has been in effect since 1965. Almost every state has its own version of the U.C.C., but, as its name implies, they are all substantially similar. In 1971 California adopted the Song-Beverly Consumer Warranty Act (SBCWA). The SBCWA was the first con-sumer warranty protection oriented piece of legis-lation in the country. The federallY enacted Magnuson Moss Warranty Act (MMWA) is based, in part, on the SBCWA. It has been in effect since 1975, although rules promulgated pursuant to that Act by the Federal Trade Commission have been effective as recently as January 1, 1977.
TYPES OF WARRANTIES
There are two broad species of warranties, the implied warranty and the express warranty.
A warranty is implied when it arises by operation
Of
law from the nature of a particular transaction, that is, it's automatic and requires no writing to arise. There are two kinds of implied warranties, the implied warranty of merchantability and the implied warranty of fitness for a particu-lar purpose. In general, the implied warranty of merchantability'means that a consumer good must be free from defects in materials or workmanship.An implied warranty of fitness arises when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required and that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods. For example, if a manufacturer of a floppy disc advertises that it is Saltair/Bonzai compatible, there exists an implied warranty of fitness that the floppy can be effectively used with such microcomputers.
Implied warranties are created by Provisions in the U.C.C. and in the SBCWA. While the MMWA does not create any implied warranties, it does, legislate the extent to which they can be limited.
FIRST COMPUTER FAIRE PROCEEDINGS BOX 1579. PALO ALTO CA 94302 PAGE 73 guaranty your satisfaction, "or that a particular product "is the best buy on the market" does not create an express warranty. Where a sample or model is displayed, the U.C.C. and the SBCWA create an express warranty that the whole of the goods conforms to such sample or model. This has a significance for the manufacturer who buys large quantities of parts from a supplier based on a sample or model, but will ordinarily not have significance for the consumer.
IMPLIED WARRANTIES difficult and commercially unwise for the manu-facturer to disclaim such a warranty.
However, the manufacturer and retailer do not actually have to be told that the buyer is
DISCLAIMER OF IMPLIED WARRANTIES
Before the enactment of the SBCWA and the MMWA, the implied warranties created by the U.C.C. were relatively easy to disclaim. The implied warranty of merchantability could be disclaimed by the use of a conspicious written disclaimer that mentioned the word "merchantability." The implied warranty of fitness could be disclaimed by a writing declaring duration of implied warranties, the SBCWA specifi-cally states that the duration of an implied
war-ranty is coextensive with that of any express warranty which accompanies the consumer goods.
However, in no event shall the implied warranties be exception that the SBCWA specifically provides that if a cQnsumer sues based upon the breach of an implied warranty, the consumer may reco~er his attorney's fe,es.
The damages which a buyer may recover are incidental damages and consequential damages.
Incidental damages should include the costs of repairing nonconforming goods and other items such as the transportation of those goods to and·from the place where they are repaired. Consequential damages include such damage, loss or injury as does lemonade stand application that cannot service its clients While a defect in the CPU is being fixed. from Advanced Micro-Electronics. The chip didn't work properly. Mr. Fallgatler wrote the company and against Advanced Micro-Electronics. Small Claims Courts handle suits for claims·less than $750. The filing fee varies by county bu~ is usually $10 to
$15. The chip in question here lists for $50, a significant sum. While filing a suit might be time consuming and inconvenient, Mr. Fallgatler would certainly be less inconvenienced than the company. He should obtain a judgment allowing him a replacement chip and his court costs. He would.
also be allowed incidental damages and consequential damages, if any. More importantly, such an action would be a great service to other persorBsimilarly situation as Advanced Micro-Electronics might be more responsive to future complaints, having been taken to court once. and MMWA define "consumer good" ·or "consumer product"
as an item which is normally bought primarily for personal, family or household purposes, the House Report 'on the MMWA indicates that products which are in fact used for business purposes fall within such definition if such items would generally be used for personal,family or household purposes.
Thus it would seem that lemonade stand and even office uses of microcomputers would be covered by the MMWA becaus'e microcomputers are generally used for'hobby or home purposes.
FIRST COMPUTER FAIRE PROCEEDINGS BOX 1579, PALO AL ToeA 94302" PAGE 74 __
MMWA "FULL" OR "LIMITED" DESIGI\IATION REQUIREMENT A very important feature of the MMWA is its ,';
requirement that every written warranty accompanying a product selling for $15.00 or more be clearly designated either "full" or "limited". If a warranty merely says "WARRANTY" at the top, it fails to meet these federal standards. Rather, the warranty must be designated. for example, "FULL 90-DAY WARRANTY." A replacement without charge. If the warrantor replaces a co~ponent part of a consumer product, such
"full" or "limited", requires that goods be repaired within 30 days; reasonable." Such a reasonable condition might be the filing of a warranty registration card, if such or written warranty. Thus, the manufacturer giving a "full" warranty cannot deny liability to virtually parts, or characteristics, or components covered by the warranty and where necessary for clarification, which are excluded from the warranty. The warra~ty warranty obligation. The warrantor must further provide, a general description of the legal remedies available to the consumer, and any limitations on incidental'or consequential damages. The warranty must also state if .there is an informal dispute settlement procedure (described subsequently) available. ' been brought to enforce disclosure requirements.
The explanation is that since the rule has been in effect for such a short period of time, the FTC is allowing additional time for warrantors to comply.
However, actions will be brought as soon as the FTC headquarters in Washington decides that enough time has been allowed.
PRESALE AVAILABILITY RULE
Effective for products manufactured after January 1, 1977, the presa1e availability rule will have a vast impact on consumer awareness of war-ranties and on the manufacturers', distributors' and retailers' costs. The rule requires that the seller of a consumer product costing more than
$15.00 make the written warranty accompanying such product available for the prospective buyer's re-view, prior to sale, by the use of one of four methods.
One method provides for the text of the written warranty to be displayed in close con-junction to each warranteed product. Another method allows the retailer to maintain a binder (looseleaf notebook) which contains copies of the warranties for the products sold. The binder must be maintained reasonably calculated to elicit the prospective buyer's attention, or place signs indicating the availability of the binders in prominent locations in the store. A third available method is the consumer's purchasing decision. That should provide incentive for the manufacturer to give greater consideration to his warranty.
The presa1e availability ru1e'wi11 have other effects on the manufacturer and retailer~ Most obviously, someone is going to have to pay for the printing of the full text of the warranties to be displayed. There will also be expenses involved in preparing binders or in making the warranties readily available. The retailer will incur con-siderable expenses to 'satisfactorily prepare, index and maintain binders, if that is the method the
FIRST COMPUTER FAIRE PROCEEDINGS BOX 1579, PALO ALTO CA 94302 PAGE 75
SBCWA REPAIR FACILITY REQUIREMENTS
One area not broached by the MMWA and fully treated by the SBCWA is the subject of maintenance of service and repair facilities. The SBCWA man-date's that if there is an express warranty accompany-ing goods sold in California, the manufacturer of such goods must maintain, in California, "sufficient service' and repair facilities reasonably close to all areas where its consumer goods are sold" to carry out the term of their warranties. Manu-facturers may comply with this requirement by entering'into warranty service contracts not exceeding one year with independent service and repair facilities. Providing facilities in Los Angeles and San Francisco will probably satisfy the
"reasonably close" requirement.
If a manufacturer maintains service and repair facilities within California, goods subject to an express warranty must be serviced or repaired within 30 days. The buyer may extend this period by agreeing in writing or the period may be extended by conditions beyond the control of the manufacturer.
Should the manufacturer of its representative be unable to repair or replace the goods, the buyer warranty of the manufacturer. The manufacturer
is liab,le as follows: the amount of the reimbursement plus handling charges.
If,: ,the consumer has gone to a retai ler for warranty repairs and has not obtained satisfactory services, or if there is no retailer in California who sells like goods for the same manufacturer
(i.e., if the manufacturer sells exclusively through mail order) the consumer may secure the services of an independent service or repair facility. If the
(i.e., if the manufacturer sells exclusively through mail order) the consumer may secure the services of an independent service or repair facility. If the