What Is An Express Warranty?
Any affirmation of fact or promise (or description of the goods) made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. This sounds more complicated that it really is.
For example, if the seller states, "this car gets 40 miles per gallon." then the statement is an express warranty. But instead, if the seller said, "this car gets excellent mileage!" then that is not an express warranty. In other words, a statement must be specific and objective to create an express warranty. A seller`s mere opinion such as this car is a beauty! does not create an express warranty.
Often times, you see a model or a sample of a product and decide to buy it. But the seller does not say anything. Well, there still is an express warranty because any sample of a model, which is made part of the basis of the bargain, creates an express warranty that the product shall conform to the sample or model. In other words, the product you receive better be just like the one you saw.
For example, you see safe in a showroom. The safe is called the x400. The x400 on display is made of titanium steel. Well, the seller just made an express warranty that the x400 you buy will be just like the x400 that you saw on display. If you get home and discover that the x400 that you just bought is not made of titanium, but rather aluminum, then the seller has breached the express warranty. As the buyer, you have the right to return the product for a full refund.
Other UCC Filing FAQs
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Q:
What Is The U.C.C.?
A: The U.C.C. stands for the Uniform Commercial Code. The laws concerning commercial and private transactions for the sale and leasing of goods developed out of the … More -
Q:
What Is Article 2 Of The U.C.C.?
A: Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article two only covers the sale of goods. This is important to keep in mind. Goods … More -
Q:
Does Article 2 Treat Merchants The Same As Non-Merchants?
A: No. Article 2 distinguishes between merchants and nonmerchants. In most situations, the U.C.C. holds merchants to a higher standard. Under the U.C.C., a merchant … More -
Q:
Are There Fundamental Principles That Article 2 Always Applies?
A: Yes. Certain fundamental principles apply to the sale of all goods. Failure to adhere to the fundamental principles may take the transaction outside of the protection … More -
Q:
What Is An Implied Warranty Of Merchantability?
A: In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary … More -
Q:
What Is The Implied Warranty Of Fitness For A Particular Purpose?
A: This is a warranty that is created when you seek and rely upon the expertise and advice of a sales associate in buying an item. To establish an implied warranty for a … More -
Q:
Disclaimer Or Limitation Of Implied Warranties
A: Sellers of consumer products who make service contracts on their products are prohibited under the Act from disclaiming or limiting implied warranties. (Remember also … More -
Q:
Disclaimer Or Modification Of Implied Warranties
A: The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written … More -
Q:
Do Used Cars Come With A Warranty?
A: In general, yes. State laws hold dealers responsible if cars they sell don`t meet reasonable quality standards. These obligations are called implied … More -
Q:
What Should I Do If The Product I Bought Has A Warranty, And Does Not Work?
A: You should first go back to the retailer and ask for an exchange of goods or for your money back. If the retailer refuses to do either, and there is no disclaimer of … More
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