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Express Warranty
> Introduction to Express Warranty

 What is the definition of an express warranty?

An express warranty is a legally binding promise or guarantee made by a seller or manufacturer to a buyer regarding the quality, performance, or characteristics of a product or service. It is explicitly stated, either orally or in writing, and forms an integral part of the sales contract or agreement between the parties involved.

Express warranties serve to assure consumers that the product or service they are purchasing will meet certain standards and perform as described. These warranties can cover various aspects such as the product's functionality, durability, safety, or suitability for a particular purpose. They may also include promises about the product's specifications, features, performance, or any additional services provided.

To be considered an express warranty, the statement made by the seller must be specific and unambiguous. It can be in the form of a description, affirmation, sample, model, or any other representation that becomes part of the basis of the bargain. For example, if a car salesperson states that a vehicle has a certain fuel efficiency or comes with a particular feature, it creates an express warranty that the car will indeed possess those attributes.

Express warranties can be made before or at the time of sale, and they can be given by both sellers and manufacturers. They can be provided in various formats, including written warranties, advertisements, labels, brochures, or verbal statements. Written warranties are often detailed and may include terms and conditions, limitations, exclusions, and remedies available to the buyer in case of a breach.

It is important to note that express warranties are distinct from implied warranties. While express warranties are explicitly stated by the seller or manufacturer, implied warranties are automatically imposed by law and arise from the circumstances of the sale. Implied warranties include the warranty of merchantability (the product is fit for its ordinary purpose) and the warranty of fitness for a particular purpose (the product is suitable for a specific use as communicated by the buyer).

Express warranties play a crucial role in consumer protection as they provide buyers with legal recourse if the product or service fails to meet the promised standards. If a breach of an express warranty occurs, the buyer may be entitled to remedies such as repair, replacement, refund, or compensation for damages incurred.

In summary, an express warranty is a clear and definite promise or guarantee made by a seller or manufacturer regarding the quality, performance, or characteristics of a product or service. It provides consumers with assurance and legal protection, ensuring that the product or service will meet the specified standards.

 How does an express warranty differ from an implied warranty?

 What are the key elements required for an express warranty to be valid?

 Can an express warranty be created orally, or does it need to be in writing?

 Are there any specific legal requirements for the language used in an express warranty?

 What types of statements or representations can be considered as express warranties?

 How does the duration of an express warranty typically differ from that of an implied warranty?

 Can an express warranty be limited or disclaimed by the seller?

 Are there any specific remedies available to a buyer if an express warranty is breached?

 How does a buyer typically prove the existence of an express warranty?

 Are there any specific disclosure requirements for sellers when offering an express warranty?

 Can a seller be held liable for making false or misleading statements that do not qualify as express warranties?

 What are some common examples of express warranties in different industries?

 Can an express warranty be transferred to a subsequent buyer of the product?

 Are there any specific limitations on the scope of an express warranty?

 How does the concept of "puffery" relate to express warranties?

 Can a buyer waive their rights under an express warranty?

 What are some potential defenses available to a seller against a claim of breach of express warranty?

 Are there any specific statutes or regulations governing express warranties?

 How does the Magnuson-Moss Warranty Act impact express warranties?

Next:  Understanding Warranties in Finance

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