An expressed warranty is a guarantee made by a seller or manufacturer regarding the quality, performance, or condition of a good or service. Unlike an implied warranty, which is automatically created by the law, an expressed warranty is created by the seller or manufacturer. This article will provide an overview of expressed warranties, including their legal requirements, remedies for breach, and how they relate to the basis of the bargain.
What are Express Warranties and Implied Warranties?
Before discussing expressed warranties in detail, it’s important to understand the difference between an express warranty and an implied warranty. An expressed warranty is a specific promise or statement made by the seller or manufacturer regarding the condition or performance of a good or service. For example, if a seller promises a buyer that a television will last at least 5 years, that is an expressed warranty. On the other hand, an implied warranty is not explicitly stated but rather created by the law. There are two types of implied warranties: implied warranty of merchantability and implied warranty of fitness for a particular purpose. Implied warranty of merchantability means that the goods being sold are fit for their intended use and are of reasonable quality. Implied warranty of fitness for a particular purpose means that the seller knows the buyer’s intended use for the goods and promises that they will be suitable for that particular use.
What is an example of an express warranty?
An example of an express warranty is a promise made by a seller that a car’s engine will last for at least 100,000 miles.
What is an example of an implied warranty?
An example of an implied warranty is a buyer purchasing a bicycle from a seller and expecting it to be fit for riding.
What is the difference between an express warranty and an implied warranty?
The key difference between an express warranty and an implied warranty is that an expressed warranty is explicitly made and created by the seller or manufacturer, while an implied warranty is automatically created by the law.
Who makes an Express Warranty?
Both a seller and a manufacturer can make an expressed warranty, although they must meet certain legal requirements.
Can a seller make an express warranty?
Yes, a seller can make an expressed warranty.
Can a manufacturer make an express warranty?
Yes, a manufacturer can make an expressed warranty.
What legal requirements should be met for an express warranty to be valid?
For an express warranty to be valid, it must be a part of the basis of the bargain. This means that the warranty must relate to the goods or services being sold and become part of the contract between the buyer and the seller. Additionally, the warranty must be made by the seller or manufacturer and must be a statement of fact rather than an opinion or puffery.
What happens when there is a breach of an Express Warranty?
When there is a breach of an expressed warranty, the buyer may have a remedy.
What is a breach of express warranty?
A breach of express warranty occurs when the goods or services provided do not conform to the warranty made by the seller or manufacturer.
What is the remedy for a breach of an express warranty?
The remedy for a breach of an expressed warranty varies depending on the specific facts of the situation. Remedies may include returning the product for a refund, seeking repair or replacement of the product, or pursuing a lawsuit for damages.
Can a buyer sue a seller for breach of express warranty?
Yes, a buyer can sue the seller for a breach of an expressed warranty.
What is a Verbal Express Warranty?
A verbal express warranty is a warranty created by a statement made by the seller that becomes part of the basis of the bargain.
Can a verbal statement from a seller become an express warranty?
Yes, a verbal statement from a seller can become an express warranty.
How does the Uniform Commercial Code (UCC) govern verbal express warranties?
The UCC governs verbal express warranties by requiring that they be made by the seller and become a part of the basis of the bargain. Additionally, there should be sufficient evidence to prove the existence of the verbal expressed warranty.
What evidence is required to prove a verbal express warranty?
In order to prove a verbal express warranty, the buyer must provide evidence that the seller made the statement and that it became part of the basis of the bargain. This evidence may include witness testimony or documentation such as emails or sales receipts.
How do Express and Implied Warranties Relate to the Basis of the Bargain?
Express and implied warranties both relate to the basis of the bargain.
What is the basis of the bargain?
The basis of the bargain is the agreement between the buyer and the seller regarding the goods or services being sold.
How do express and implied warranties become part of the basis of the bargain?
Express and implied warranties become part of the basis of the bargain when they relate to the goods or services being sold and are made part of the contract between the buyer and the seller.
What happens when the goods or services provided do not conform to the express or implied warranties?
When the goods or services provided do not conform to the express or implied warranties, the buyer may have a remedy available depending on the specific facts of the situation. Remedies may include returning the product for a refund, seeking repair or replacement of the product, or pursuing a lawsuit for damages. In summary, an expressed warranty is a promise, statement, or description of goods or services made by a seller or manufacturer, which becomes a part of the basis of the bargain. Unlike implied warranties, express warranties are not implied by law, rather they are made by the seller. When the goods or services fail to conform to the express warranty, the buyer may have a remedy available to him under the law depending on the specific facts of the situation. It is important for consumers to be aware of their rights with regard to warranties and seek the advice of a lawyer if they believe their rights have been violated.
