ANSWERS
Purpose of a warranty
The legal responsibility to the buyers and users of the goods that it
manufactures and the service is it provides.
The obligation of a warranty extends
To the buyers of the goods, but also to third parties
Obligation of a warranty are covered by various:
Rules
Regulations
Statutes
warranties provide
Remedies when individuals are injured or suffer property damage as
a result of defective goods
,warranty
a guarantee or Promise made by the manufacturer or seller that:
1. the goods or services offered really are what they claim to be or
2.They are what a reasonable person has the right to expect
Warranties are divided into two types
Express. and limited warranties
Express Warranties
Explicit and specifically stated promises
Implied warranties
Suggested or inferred from facts and circumstances
,In most situation warrantees will
Limit the liability of the manufacturer and is only active for a specific
period of time and/or under certain circumstances
types of express warranty
By promise, description, sample or model
Pursuant to the UCC, a buyer may refuse delivered goods if:
The goods are not the same as described by the seller or do not
conform to the sample or model used by the seller to effect the sale
TIMING OF EXPRESS WARRANTY
•Most express warrantees are made before or during the sales
transaction
•Written or oral statements issued by the seller after the transaction
has been completed also can be interpreted as express warranties
Breach of Express Warranty
, Only when Statements a fact about quality of merchandise,
construction, price, durability, performance, effectiveness and safety
are made part of the contract and later prove false, the buyer may
bring an action against the seller Breach of warranty
Disclaimers of Express warranties
1. A disclaimer is a denial or repudiation in an express
warranty that places specific limitations in the
warranty.
2. Such a denial or repudiation in an express warranty
is known as a DISCLAIMER and serves to limit the
effectiveness of the warranty.
3. It is important to remember the application of the
PAROL EVIDENCE RULE. So pursuant to the Parol
Evidence Rule a court would be prohibited from
considering oral warranties or disclaimers that are
inconsistent with the written document.
Implied warranties of merchantability
1. Warranties of merchantability which are given solely by merchants