1. Express Warranty
2. Merchantable Items
3. Verbal Express Warranties
4. Seller Express Warranties

Express Warranty

An express warranty is something that’s explicitly guaranteed for any product or service. Most purchases are covered under a warranty, especially when it’s explicitly stated.

The two main forms of warranties include implied and express warranties. Express warranties are clearly expressed either in verbal or written form, while implied warranties automatically cover customer goods that have a certain value. However, implied warranties only yield basic protections in most cases.

Written or spoken promises regarding the nature, performance, or quality of an item are usually determined when a buyer negotiates with the seller. Most consumer transactions fall under implied warranties, meaning the quality of the product in question is guaranteed. For example, a vacuum that does not generate enough suction to clean a floor or carpet is in violation of an implied warranty.

Merchantable Items

Federal law establishes merchantable by the following cases:

  • Merchandise must adhere to trade standards pertaining to the contract in question.
  • Items must be suitable for the purposes in which the goods will be used, even if the buyer ordered it for other uses.
  • Items must be labeled and packaged as prescribed in an agreement.
  • Products must be uniform in terms of quantity and quality within the confines of the agreement.
  • Items must meet certain specifications on the packaging labels, even if not stated in the contract.

In comparison to implied warranties, express warranties comprise a vital part of the agreement because it must be added to the offer during the acceptance phase. Further, the seller does not have to use the word “warranty” to properly issue a warranty. Express warranties are contractual guarantees that a certain product is true as intended and that the warranty in question is legally viable and enforceable in a court of law.

Express warranties are usually used during commercial business deals in the form of:

They also take several forms, such as written or spoken, but it is essentially a guarantee that a product would meet base levels of reliability and quality. Express warranties are a seller’s guarantee or promise that a buyer needs when he or she purchases a product. For instance, under the Magnuson-Moss Warranty Act, a business has to offer an express warranty in written form if the product is sold for over $15. If an item fails to live up to the agreement, the maker must either replace or fix the product at no extra cost. You can find such warranties attached to the new product.

Verbal Express Warranties

Verbal express warranties boil down to something simple as car dealers telling customers, “I assure you that the engine will stretch another 150,000 miles.” If the vehicle does not live up to the claim, the buyer can deal with seller, although proving the existence of such a verbal warranty can be difficult. Other warranties can be expressed in written form, but they do not have to resemble standard warranties.

  • Example: A light bulb package makes a claim such as “bulbs last 10,000 hours” on the package. The words “warranty” and “guaranteed” are not on the package, but the claim constitutes an express warranty.

An express warranty is separate from other warranty types because of its specificity. They are certain promises made to the buyer in written or oral form. Such promises may include a description of a service or item, including representation of goods or factual statements.

  • Example: If you purchase a car and a dealer assures you that the vehicle in question comes with GPS capability and you get a car without one, the dealer has breached the express warranty regarding that promise. It should also be noted that exaggerated opinions and statements do not qualify as express warranties.
  • Example: An advertisement for bots that claims, “These boots are the best pair of boots you’ll have the luxury of owning” is an exaggeration of those boots.

Therefore, if you buy the boots and believe they are not the best boots you’ve ever worn, you cannot hold a seller to account over such a claim because it is an exaggerated claim that’s not covered by an express warranty.

Seller Express Warranties

Express warranties from a seller are drafted in the following manners:

  • Affirmation of promise of fact from a seller to a buyer pertaining to goods or services because a vital part of the bargain entails the creation of an express warranty that the goods should adhere to such claims.
  • Description of goods that comprise a part of a vital component that generates an express warranty noting that the items should fit the description of the product.
  • Any model or sample that creates an express warranty that all of the goods should match the model or sample.

If you have more questions on an express warranty, submit your legal need on UpCounsel's marketplace. UpCounsel’s attorneys will give you more information on how to draft a written warranty if you are a manufacturer. Also, they will help consumers invoke their rights if a manufacturer or seller fails to honor an agreement.