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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.

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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified product warranty lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local product warranty attorney to discuss your specific legal situation.

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