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Contracts Express Warranty: A Comprehensive Guide to Your Legal Protections
Definition & Meaning
An express warranty is a guarantee made by a seller regarding the quality or nature of a product. This warranty is established through specific statements, promises, or descriptions made by the seller that relate to the goods being sold. These affirmations become part of the agreement between the buyer and seller, forming the basis of the transaction. Express warranties can arise from verbal or written statements, or even through provided samples of the goods.
Importantly, express warranties hold sellers strictly liable, meaning that a buyer does not need to prove negligence to claim a breach of warranty. This type of warranty is typically based on factual assertions rather than opinions, although professional opinions can also create an express warranty under certain circumstances.
Table of content
Legal Use & context
Express warranties are commonly used in various legal contexts, particularly in commercial transactions involving the sale of goods. They are a key component of contract law and are governed by the Uniform Commercial Code (UCC), which has been adopted by most states. Users can manage their own express warranty claims with the help of legal forms and templates provided by services like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A car dealership advertises a vehicle as having a five-year warranty on the engine. If the engine fails within that period, the dealership is obligated to repair or replace it under the express warranty.
Example 2: A seller promises that a specific model of a smartphone is water-resistant. If a buyer experiences damage from water exposure, they may claim a breach of the express warranty. (hypothetical example)
Relevant laws & statutes
The primary legal framework governing express warranties is found in the Uniform Commercial Code (UCC), specifically Article 2, which deals with the sale of goods. This article outlines the requirements for creating express warranties and the implications of breaching them.
State-by-state differences
State
Express Warranty Law Overview
California
Express warranties are broadly interpreted, and sellers can be held liable for statements made in advertisements.
New York
Express warranties must be clearly stated and can be created through written or verbal affirmations.
Texas
Texas law allows for express warranties to be established through any affirmation of fact that relates to the goods.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Implied Warranty
A warranty that is not explicitly stated but is assumed to exist based on the nature of the transaction.
Implied warranties arise automatically, while express warranties require specific affirmations.
Warranty of Fitness
A promise that a product is suitable for a particular purpose.
This warranty is often implied, whereas express warranties are explicitly stated by the seller.
Common misunderstandings
What to do if this term applies to you
If you believe you have a claim based on an express warranty, consider the following steps:
Review the warranty terms and any related documentation.
Gather evidence of the seller's affirmations and any communications regarding the warranty.
Contact the seller to discuss the issue and seek resolution.
If necessary, consult a legal professional for advice or consider using US Legal Forms to find relevant legal templates.
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