Simone Lawson
An express warranty is a guarantee by a seller to provide replacement or repairs for a faulty product or service within a specified time period after purchase. This warranty can be printed on a product's packaging or offered as an option to the buyer. For an express warranty to exist, a statement must be made by the seller about the product or service being offered, giving a description or providing a sample. This statement does not need to include words such as warrant or guarantee and can be made orally or in writing. However, vague or imprecise statements, opinions, or exaggerated claims do not constitute an express warranty. For example, a statement such as this product will probably last for at least five years is unlikely to constitute an express warranty due to its uncertain language.
| Characteristics | Values |
|---|---|
| Statements that are vague or imprecise | Not an express warranty |
| Statements that are subjective and unverifiable | Not an express warranty |
| Statements that are a mere opinion or puffery | Not an express warranty |
| Statements unrelated to the product's quality or performance | Not an express warranty |
| Statements contradicted by the product's description or specification | Not an express warranty |
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What You'll Learn
Statements of opinion
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 after it was purchased. It is a contractual term that relates to the character, quality, or condition of goods in a sales transaction. It is created when a seller makes an affirmation of fact or promise to the buyer that relates to the goods and becomes part of the basis of the bargain. This creates an express warranty that the goods shall conform to the affirmation or promise.
Similarly, statements made by a seller during contract negotiations are generally treated as statements of fact unless it can be shown that the buyer could only have reasonably considered the statement to be an opinion. For example, if an automaker claims that its car is "the best in the world," this is a statement of opinion and does not constitute an express warranty. In such cases, the purchaser would not be eligible for a refund unless specifically stated.
It is important to note that an express warranty can be created even if the seller does not use formal words such as "warrant" or "guarantee," and even if the seller does not have a specific intention to make a warranty. However, an express warranty is not created merely because the seller expresses their opinion or makes a statement as to the value of the goods.
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Vague or imprecise statements
An express warranty is a guarantee that the product will meet a certain level of quality and reliability. It is a promise by the seller to provide repairs or a replacement for a faulty product, component, or service within a specified time period after purchase. The seller agrees to bear the cost of any additional shipping charges in such cases.
Similarly, statements such as "this is the best car in town" or "the best in the world" are not considered express warranties because they are subjective and cannot be verified. They are considered exaggerated statements or puffery, which do not fall under warranty law.
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Statements unrelated to quality or performance
An express warranty is a statement or binding document provided by the seller relating to the goods or services, which forms part of the basis of the bargain. This means that the buyer has purchased the goods or services on the reasonable assumption that they were as stated by the seller. For example, "This shirt does not need ironing" or "One Hundred Percent Made in the United States" are express warranties.
However, statements unrelated to quality or performance do not constitute an express warranty. Such statements include exaggerated claims that sometimes appear in advertising, such as an automaker claiming that its car is "the best in the world". Unless specifically stated, such a statement does not constitute an express warranty, and a refund would not be warranted if the purchaser disagreed with the statement.
In addition, an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty. For example, a statement such as "This jacket is the best article of clothing I've ever owned" would not constitute an express warranty, as it is unrelated to the quality or performance of the jacket and is merely the seller's opinion.
Furthermore, statements unrelated to the inherent characteristics of the product do not constitute an express warranty. For instance, any description of the goods, whether made in promotional materials or orally or in writing, is solely for identification purposes and not meant to be a warranty that the goods will match the description, including any quality or functionality expectations. This means that the seller is not guaranteeing that the product will meet certain quality or functionality standards beyond those expressly stated.
It is important to note that implied warranties form an inherent part of every transaction and provide additional protection to consumers. Even if a seller does not expressly provide an implied warranty, it may still be imposed as a matter of law. For example, when you eat at a restaurant and do not become ill from tainted food, you are relying on an implied warranty.
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Contradicted statements
An express warranty is a specific promise made by a seller or manufacturer about the quality or performance of a product. It is distinct from opinions or general praise. This can be done through written or oral statements, advertisements, product descriptions, or samples. An express warranty must be clear and reliable, as buyers rely on them when making purchases. If a product fails to meet an express warranty, buyers can seek repairs, replacements, or refunds.
Additionally, vague or imprecise statements, such as claiming that a product is "the best in the world," may not be considered express warranties as they are subjective and difficult to verify. Statements that are merely opinions or puffery, or those that do not directly relate to the product's quality or performance, also fall outside the scope of express warranties.
It's important to note that not all claims made by sellers or manufacturers are automatically considered express warranties. To constitute an express warranty, the statement must be clear, specific, and directly related to the product's quality or performance. The buyer's reliance on these statements when making a purchase decision is also a crucial factor in establishing an express warranty.
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Exaggerated advertising claims
The Magnuson-Moss Warranty Act, a federal law in the United States, provides guidelines for businesses to ensure they do not engage in deceptive or false advertising. It requires that all written warranties be clear, concise, and state all terms and conditions, leaving no room for ambiguity. This law also gives consumers the right to a refund or replacement if a product fails to meet the promises made in the warranty.
However, not all claims made in advertisements constitute an express warranty. Exaggerated statements or opinions about a product or service, such as claiming to be "the best in the world," do not necessarily create a legally binding warranty. For instance, if a car manufacturer advertises its car as the "best in the world," and a purchaser disagrees after using it, they are not automatically entitled to a refund unless a specific warranty was offered and stated otherwise.
To avoid legal issues, businesses must be cautious when making exaggerated claims. They should ensure that any statements or opinions are not presented as factual information that consumers can rely on. For example, the slogan "Better Ingredients. Better Pizza" used by Papa John's was deemed a non-objectifiable statement of fact and dismissed in a lawsuit filed by Pizza Hut.
To protect themselves, consumers should scrutinize product claims and be wary of exaggerated or vague statements. They should also carefully read all terms and conditions, including warranty details, return policies, and limitations. Additionally, comparing prices and features with similar products can help identify potential red flags.
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Frequently asked questions
An express warranty is a guarantee by a seller to provide replacement or repairs for a faulty product or service within a specified time period after it was purchased.
An express warranty is a specific promise made by the seller to the buyer, either orally or in writing. An implied warranty is an unwritten guarantee that a product or service will work as expected and may come into force in the absence of communicated guarantees.
An express warranty is created when a seller makes an affirmation of fact or promise about the product/service being offered, which becomes part of the basis of the bargain. This includes any description of the goods or samples provided that are made part of the basis of the bargain. The seller does not need to use formal words such as "warrant" or "guarantee" for an express warranty to exist.
A statement such as "This product will probably last for at least five years" does not likely constitute an express warranty as it is vague and imprecise. Similarly, statements that are mere opinions, do not relate to the product's quality or performance, or are contradicted by the product's description are typically not considered express warranties.
