What Is an Express Warranty?

An express warranty is a promise that a seller makes about the quality or performance of a product. Generally, opinions don’t count as express warranties. This means that some seller statements are express warranties, and some are not.

Because warranties often factor into purchase decisions, it’s important to know when a warranty has been made and when it hasn’t. Understanding warranty matters can be confusing, but a warranty lawyer can help.

Express Warranty

An express warranty is a guarantee a seller makes to a buyer that a product or service has specific qualities. For example, if a seller tells you, “This car gets 40 miles per gallon,” the statement is an express warranty. But if the seller says, “This car gets excellent mileage!” that’s not an express warranty.

General praise such as “This is our best model,” doesn’t create an express warranty. A seller’s opinion, such as, “This car is a beauty!” doesn’t create an express warranty. The statement must be specific and objective to create an express warranty.

Also, exaggerated statements that sometimes appear in advertising may not create express warranties. So, warranty law doesn’t cover all seller claims.

To create an express warranty, the description of the goods or affirmation of fact made by the seller to the buyer must become part of the basis of the bargain. There must be buyer reliance. Buyers often depend on the seller’s or manufacturer’s express warranties when buying a product or service.

Requirements for an Express Warranty

For an express warranty to exist between the buyer and seller, the following conditions must be met:

1. The seller must make a clear and specific promise about the product or service or provide a sample.
2. The buyer depends on the promise or sample when deciding whether or not to make the purchase.

If a seller says, “This refrigerator will keep food fresh for two years,” that’s an express warranty. If the refrigerator breaks down after one year, you can request that it be repaired or replaced based on the express warranty.

How Is an Express Warranty Made?

Formal words such as “guarantee” and “warranty” aren’t needed to create an express warranty, nor is a specific intention to create a warranty. Express warranties can come about in several different ways.

Written Statements

Many express warranties are written down. You can find them in the product packaging, on a warranty card, in the user manual, or on the company’s website. If you buy a blender and the box says, “This blender is guaranteed to blend even the toughest ingredients for five years,” that’s an express warranty. Talking about how long a product will last or how well it will perform can create an express warranty. A Texas court found a breach of an express warranty when a roof that was touted as lasting 20 years started leaking shortly after installation.

Verbal Promises

A salesperson might tell you, “This car’s engine is guaranteed for 100,000 miles.” That’s a verbal express warranty. In another example, a farmer’s market vendor might say, “These apples are organic.” That’s a verbal express warranty.

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Express warranties can happen in ads such as television commercials, radio, and online ads, or print ads in a newspaper or magazine.

Product Descriptions

A company’s description of a product can create an express warranty. This can happen via catalog descriptions, online product descriptions, and signs in a store.

Product Samples and Models

Imagine that you see a safe in a showroom called the “x400.” The model on display is made of titanium steel. Here, the seller made an express warranty even though they didn’t say anything. The express warranty is that the x400 you buy will be just like the x400 you saw on display. The display model is part of the basis of the bargain that the product will be the same as a sample or model.

If you get home and discover that the x400 that you bought is not made of titanium but rather aluminum, then the seller has breached the express warranty. You have the right to return the product for a full refund.

Implied Warranties

Express warranties aren’t the same as implied warranties. An express warranty clearly spells things out. An implied warranty is an unspoken or unwritten promise that a product will work as it should.

An implied warranty is based on the idea that if you purchase an item, it should work for a reasonable amount of time. For example, if you buy a vacuum cleaner, there’s an implied warranty that it will clean your floors. If it stops working right after you bought it, even if there’s no express warranty, the implied warranty is that the seller should fix the issue.

Implied warranties cover products even when there isn’t a written warranty. The only exceptions are instances where the seller marks the product “as is” or gives notice that there’s no warranty.

There are two types of implied warranties. They are:

1. The implied warranty of merchantability: This is a merchant’s promise that the goods it sells will do what they are supposed to do. Put another way, it means that items sold are fit for the ordinary purposes for which they are typically used.
2. The implied warranty of fitness for a particular purpose: This applies to products you buy based on the seller’s statement that the product is right for you for a specific reason.

While express warranties are governed by federal law under the Magnuson-Moss Warranty Act, implied warranties are governed by state law.

Utilizing Your Express Warranty Effectively

You can do several things to take advantage of your warranty rights.

• Read the warranty carefully. Under the Magnuson-Moss Warranty Act, a federal consumer protection law governing written express warranties, the warranty should be written in clear and simple language. It should not contain deceptive information.
• Keep receipts and documentation, such as proof of purchase and warranty information.
• Follow product care instructions.

Product Remedies for Breach of Express Warranty

If there’s a problem with the product, you have several possible remedies under an express warranty. You can request that the product be repaired or replaced. You can also ask for a refund. Check the warranty information to see how this must be done and the timeframe for making such requests.

Legal Obligations of Sellers and Manufacturers

Under an express warranty, sellers and manufacturers are legally obligated to fulfill the specific promises or guarantees they make about a product. They must repair or replace a product that fails to meet the stated standards during the warranty period. If they don’t, they can be held liable for a breach of warranty claim.

Sellers and manufacturers must also make sure their warranties comply with federal laws such as the Magnuson-Moss Warranty Act and relevant state laws.

If there are lots of complaints about a product or the manufacturer distributes a faulty product, a class action product liability claim could result. A consumer protection lawyer can provide more details.

Legal Help for Warranty Issues

Faulty products can be inconvenient and sometimes dangerous. An experienced warranty lawyer can provide you with legal advice if your express warranty is violated. They can represent you in court in a breach of warranty or product liability claim.