Warranty Law

Warranty Law Law & Legal Definition
Warranties may be either express or implied. Express warranties are created by affirmative acts of the seller that are an affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain. Express warranties can be created when the seller describes the goods or furnishes samples. Express warrantiescreate strict liability for the seller, so that negligence need not be proven. In general, express warranties are based on factual statements rather than opinions about the future. An exception is made when it is a professional opinion which can create a warranty. Under the Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, liability for breach of warranty isbased on seller status. Manufacturer, distributor, and retailer could all be jointly and severally liable, so that the full amount of damages could be collected from one or any of them. The distributor and retailer may be able to escape liability if the manufacturer is not bankrupt. Purchasers, consumers, users, and even bystanders are entitled to sue in most states for breach of warranty.
Underthe Uniform Commercial Code (UCC), which has been adopted in some form by almost all states, there are implied warranties in every sales transaction that the goods sold are fit for the ordinary purposes for which such goods are used. This is called the "implied warranty of merchantability". Under the implied warranty of merchantability, the good sold:
* Are fit for the ordinary purposes forwhich such goods are used,
* Would pass without objection in the trade
* Is adequately packaged, labeled, and contained
* Conforms to the promises made in the label
There may also be an "implied warranty of fitness for a particular use". This warranty is created when:
* At the time of sale, the seller has reason to know the uses the buyer has for the goods, and
* The buyer relieson the sellers judgment in selecting the goods
* This implied warranty is not created if the buyer's knowledge of the goods is as great as the seller, or the buyer has a professional consultant,
* The buyer supplies specifications to the seller
Implied warranties are part of every UCC contract unless disclaimed by the seller. Implied warranties are often disclaimed, which is legal as longas the disclaimers are conspicuous, such as in bold face print. Warranty disclaimers have been held a material alteration, such that they would not be part of the contract if the term was added in the acceptance. Although a seller cannot disclaim an express warranty, he can disclaim implied warranties.
A contract may contain the phrase "represent and warrant", which means to indicate andguarantee or assert something. For example, a disclaimer of warranties may provide as follows:
"We do not endorse, represent or warrant the accuracy or reliability of any of the information, content, advertisements or other materials contained on, distributed through, or linked, downloaded or accessed from our service. We do not endorse, represent or warrant the quality of any products, information orother materials displayed, purchased, or obtained as a result of or in connection with the service, and we do not endorse, represent or warrant the service, security or practices of any of the vendors whose products or services are included on the service. Any reliance upon any information, content, advertisements, materials, products, services or vendors included on or found through the serviceshall be at the user's sole risk. "
-------------------------------------------------
Additional Definitions
-------------------------------------------------
Warranties
A product or service warranty (also known as guarantee) is a promise, from a manufacturer or seller, to stand behind the product or service. It is a statement about the integrity of the product and about the seller's...