An express warranty is something that’s explicitly guaranteed for any product or service. 4 min read Show
1. Express Warranty An express warranty is something that’s explicitly guaranteed for any product or service. Most purchases are covered under a warranty, especially when it’s explicitly stated. The two main forms of warranties include implied and express warranties. Express warranties are clearly expressed either in verbal or written form, while implied warranties automatically cover customer goods that have a certain value. However, implied warranties only yield basic protections in most cases. Written or spoken promises regarding the nature, performance, or quality of an item are usually determined when a buyer negotiates with the seller. Most consumer transactions fall under implied warranties, meaning the quality of the product in question is guaranteed. For example, a vacuum that does not generate enough suction to clean a floor or carpet is in violation of an implied warranty. Merchantable ItemsFederal law establishes merchantable by the following cases:
In comparison to implied warranties, express warranties comprise a vital part of the agreement because it must be added to the offer during the acceptance phase. Further, the seller does not have to use the word “warranty” to properly issue a warranty. Express warranties are contractual guarantees that a certain product is true as intended and that the warranty in question is legally viable and enforceable in a court of law. Express warranties are usually used during commercial business deals in the form of:
They also take several forms, such as written or spoken, but it is essentially a guarantee that a product would meet base levels of reliability and quality. Express warranties are a seller’s guarantee or promise that a buyer needs when he or she purchases a product. For instance, under the Magnuson-Moss Warranty Act, a business has to offer an express warranty in written form if the product is sold for over $15. If an item fails to live up to the agreement, the maker must either replace or fix the product at no extra cost. You can find such warranties attached to the new product. Verbal Express WarrantiesVerbal express warranties boil down to something simple as car dealers telling customers, “I assure you that the engine will stretch another 150,000 miles.” If the vehicle does not live up to the claim, the buyer can deal with seller, although proving the existence of such a verbal warranty can be difficult. Other warranties can be expressed in written form, but they do not have to resemble standard warranties.
An express warranty is separate from other warranty types because of its specificity. They are certain promises made to the buyer in written or oral form. Such promises may include a description of a service or item, including representation of goods or factual statements.
Therefore, if you buy the boots and believe they are not the best boots you’ve ever worn, you cannot hold a seller to account over such a claim because it is an exaggerated claim that’s not covered by an express warranty. Seller Express WarrantiesExpress warranties from a seller are drafted in the following manners:
If you have more questions on an express warranty, submit your legal need on UpCounsel's marketplace. UpCounsel’s attorneys will give you more information on how to draft a written warranty if you are a manufacturer. Also, they will help consumers invoke their rights if a manufacturer or seller fails to honor an agreement. Which type of warranty is a written guarantee quizlet?Terms in this set (24) Which of the following is a difference between an express warranty and an implied warranty? An express warranty is a written guarantee, whereas an implied warranty is an unwritten guarantee that a good or service is fit for the purpose for which it was sold.
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