An express warranty is a clearly stated (Expressed) statement of fact or promise made by the seller to the buyer which forms part of the basis for buying the goods.
It protects the consumer by giving them the right to claim damages from the seller if the item does not perform to the standards or quality stated.
It is a guarantee that the product will meet a certain level of quality and reliability. If the product fails to meet these expectations, the manufacturer will fix or replace the product for no additional charge.
The seller does not have to use the words guarantee or warranty or intend to create a warranty. Express warranties may be oral or written and are often printed on the product’s packaging or made available as an option.
For example, the packaging on an electric motor states “Will last over 10,000 hours of continuous use”.
Forming An Express Warranty
A merchant may make an express warranty as part of the basis for the bargain of sale. This can be done by making a description or promise about the goods. The express warranty states that the goods will conform to the fact, promise, description or sample being given.
Samples
If the display model is made of polished stainless steel, the product you buy must be made of the same material.
By showing the sample product the seller has made an express warranty that the product you purchase will conform to the standards, material, and quality of the one on display. If you get home and find that the product is made of aluminum and not stainless steel, the seller has breached the express warranty and you have the right to return the product for a full refund.
Liability
Manufacturers should be careful when creating an express warranty as it could result in a product liability claim if the product does not meet the claims made of it.
A seller has formed an express warranty by stating that:
“Our product will not discolor when exposed to sunlight for long periods.”
If the product fails to meet these claims the breach of express warranty is based on misrepresentation.
Breach of Warranty – Making A Claim
To claim breach of warranty the consumer must:
- Prove the existence of a warranty
- The scope of the warranty
How the seller has breached the warranty.
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