What Is an Express Warranty?
Let me tell you directly: an express warranty is essentially an agreement from the seller to handle repairs or replacements for any faulty product, component, or service within a specific time frame after you've bought it. You, as a buyer, count on these promises, and sometimes they're the reason you decide to make the purchase in the first place.
Key Takeaways
- An express warranty is an agreement by a seller to provide repairs or a replacement for a faulty product, component, or service within a specified time period.
- Under the Magnuson-Moss Warranty Act, a company that provides a written express warranty must adhere to federal guidelines.
- Details about a product or service that are outlined in an advertisement can set the precedent for an express warranty.
- In the absence of communicated guarantees, an implied warranty may come into force.
How an Express Warranty Works
A warranty assures you that the item will meet the seller's promises. Under the Magnuson-Moss Warranty Act, which Congress passed in 1975, any company offering a written express warranty must follow federal guidelines and comply with the Act. This Act protects you if the company doesn't stick to its written warranty.
Express warranties can be phrased in various ways. For instance, it might state: 'We guarantee all furniture against defects in construction for one year. When a structural defect is brought to our attention, we will repair or replace it.'
Most of these warranties originate from the manufacturer or are part of the seller's contract. They can also arise from a simple statement in an advertisement or a store sign.
Special Considerations
Details in an advertisement about a product or service can establish an express warranty. Claims regarding quality, functionality, lifespan, or efficacy can form this warranty.
If the product fails to meet those advertised standards or breaks down within the timeframe, you might be entitled to free repairs or a full replacement when feasible.
Not every seller's claim qualifies under warranty law. Exaggerated advertising statements don't always count as express warranties.
For example, if an automaker claims its car is 'the best in the world' and you disagree after some drives, you're not automatically eligible for a refund unless it's specifically stated.
Express Warranty Examples
In e-commerce, companies often include express warranties because online shopping means you can't try or inspect items beforehand. The product's actual function and appearance might differ from what you expected online. An express warranty provides assurance that any issues will be addressed.
Take buying a business jacket online: if it arrives in the wrong size, color, or missing buttons, the warranty might get you a refund or replacement, with the seller covering extra shipping.
In auto sales, dealers advertise express warranties for vehicle repairs, often with limits on mileage or ownership duration. Once you exceed those, the warranty ends.
Express Warranty vs. Implied Warranty
Express warranties are specific promises from seller to buyer, either spoken or written. Without these, an implied warranty might apply.
Implied warranties are unwritten guarantees that a product or service will work as expected. For instance, buying headphones means you expect them to function right away, unless told otherwise.
The Uniform Commercial Code refers to an 'implied warranty of merchantability,' meaning goods must be fit for their usual purposes.
Correction Note
Note that a previous version of similar articles might have incorrectly stated that the Magnuson-Moss Warranty Act requires companies to issue warranties. Actually, the law doesn't mandate warranties but sets federal rules for when they are offered.
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