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Type of warranty created based on a statement by the seller From Wikipedia, the free encyclopedia
An express warranty is created when a seller makes a guarantee to the buyer that the product/service being offered has certain qualities. Presenting an express warranty to a customer could potentially give rise to a product liability claim towards the company due to a marketing defect.[1]
The examples and perspective in this article may not represent a worldwide view of the subject. (August 2020) |
For an express warranty to exist between a seller and a buyer, the following must occur.[2]
Under the federal Magnuson–Moss Warranty Act, passed by Congress in 1975, the seller must provide a written express warranty that the product will be as demonstrated by the company. Any product above US$15 is eligible for written express warranty.[4]
There is no requirement on how the warranty should be expressed and it can be written in many different ways.[4]
Most of the express warranty are given by the manufacturer.[4] Example:
A buyer wants to purchase a machine from Company X that he/she needs in order to get a specific job done. A Company X representative hands the buyer a brochure with details on a specific machine; the brochure states how this particular machine is capable of getting the buyers desired job done. Additionally, the representative orally confirms that what is being stated in the brochure is true; these affirmations led the buyer to purchase the machine. However, after purchase, the buyer faced problems with the machine. The product failed to meet the promises made by both the company brochure and the company representative.
In the scenario pictured above, there is an express warranty given the fact that 1) the company representative guaranteed that the product had a certain ability and that 2) the buyer relied on this guarantee when making the decision to purchase. Therefore, the buyer could sue for breach of express warranty and could also file a product liability claim.[2]
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