Express Warranty

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  • Post last modified:December 15, 2023
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An express warranty is a specific and explicit promise or guarantee made by a seller or manufacturer regarding the quality, performance, characteristics, or durability of a product. This type of warranty is communicated directly to the buyer and is a key element of the contractual agreement between the parties involved in a sale transaction. Express warranties can take various forms, such as verbal statements, written documentation, or representations in advertising materials.

Key characteristics of express warranties include:

1. **Clear and Explicit Promise:**
– An express warranty involves a clear and specific promise or affirmation made by the seller or manufacturer regarding the product. This promise can relate to various aspects, such as the product’s features, performance, or suitability for a particular purpose.

2. **Communication to the Buyer:**
– Express warranties are communicated directly to the buyer either verbally, in writing, or through promotional materials. The buyer relies on these statements when making a purchasing decision.

3. **Basis of the Bargain:**
– An express warranty is considered part of the basis of the bargain, meaning it is a fundamental element of the contractual agreement between the buyer and the seller. If the product fails to meet the terms of the express warranty, the buyer may have legal recourse.

4. **Enforceability:**
– Express warranties are legally enforceable. If the product does not meet the specifications promised in the express warranty, the buyer may have the right to seek remedies, such as repairs, replacements, or refunds.

5. **Duration and Terms:**
– The duration and terms of an express warranty can vary. Some warranties may be limited to a specific time period, while others may cover the product for its expected lifespan. The terms may also specify conditions under which the warranty is applicable.

6. **Written Documentation:**
– Express warranties are often documented in writing, either as part of the product packaging, user manuals, or separate warranty documents. Written documentation provides clarity and serves as evidence of the warranty terms.

7. **Verbal Representations:**
– In some cases, sellers may make verbal representations about the product, and these representations can create an express warranty. However, proving the existence of verbal warranties may be more challenging than with written warranties.

8. **Remedies for Breach:**
– If a product fails to meet the terms of the express warranty, the buyer typically has legal remedies. Common remedies include requesting repairs, replacements, refunds, or pursuing legal action for damages.

It’s important to distinguish between express warranties and implied warranties. While express warranties are explicitly stated by the seller, implied warranties, such as the implied warranty of merchantability or fitness for a particular purpose, are automatically assumed by law unless disclaimed.

Businesses should be careful in making express warranties to ensure that statements made about their products are accurate and can be upheld. Failure to fulfill an express warranty may result in legal liability and damage to the seller’s reputation. Consumers, on the other hand, should be aware of the terms of express warranties and seek clarification before making a purchase.