An expressed warranty is a type of guarantee explicitly stated in written or spoken form by a seller or manufacturer regarding the quality, performance, or condition of a product or service. This warranty assures the buyer that the product or service will meet certain conditions or standards, and typically, it may outline the remedies available if these standards are not met.
Definition
An expressed warranty is defined as a specific and clear promise or assurance by a seller or manufacturer concerning the goods’ or services’ quality, performance, or condition. This warranty is communicated directly to the buyer, either verbally or in writing, as part of the sale contract.
Types of Expressed Warranties
Written Expressed Warranty
A written expressed warranty is provided in a tangible form, such as a certificate or a product manual. It outlines specific terms, conditions, duration, and the nature of the remedies available if the product fails to meet the described standards.
Spoken Expressed Warranty
A spoken expressed warranty occurs when the seller communicates the assurance verbally. This type of warranty can be harder to enforce but is still legally binding if the buyer can prove the verbal promise was made.
Special Considerations
When dealing with expressed warranties, a few points should be noted:
- Duration: Expressed warranties typically specify a time frame within which the product will perform as described.
- Limitations and Exclusions: Often, warranties include specific limitations or exclusions, detailing what is not covered.
- Proof: Especially for spoken warranties, keeping any evidence such as emails, receipts, or witnesses who heard the warranty can be crucial.
Examples
Example 1: Written Warranty
An electronics company provides a written warranty with the purchase of a television, assuring that the product will be free from defects for one year from the purchase date. If the TV malfunctions within this period, the company promises to repair or replace it at no additional cost to the buyer.
Example 2: Spoken Warranty
A car salesman verbally assures a buyer that the vehicle’s engine will be free from major defects for five years. Although this promise is not written down, it constitutes an expressed warranty.
Historical Context
Origin
The concept of warranties dates back to medieval trade fairs where merchants would offer guarantees verbally as a way to build trust with buyers. The formalization of written warranties grew significantly with the advent of mass production and the increased complexity of products in the 20th century.
Applicability
Expressed warranties are crucial in various sectors including:
- Consumer Goods
- Automobiles
- Real Estate
- Software and Electronics These warranties ensure customer protection and promote trust in the marketplace.
Comparisons
Expressed Warranty vs. Implied Warranty
- Expressed Warranty: Specifically stated by the seller or manufacturer.
- Implied Warranty: Created by law and automatically applies to products sold, such as the implied warranty of merchantability.
Related Terms
- Implied Warranty: Warranties that are not explicitly stated but are legally assumed.
- Limited Warranty: Offers restricted coverage and may include only specific parts or types of repairs.
- Extended Warranty: Additional warranty coverage that can be purchased to extend the period of the expressed warranty.
FAQs
What is the difference between an expressed and an implied warranty?
An expressed warranty is explicitly communicated to the buyer, while an implied warranty is automatically assumed by law without being verbally or written stated.
Can a spoken expressed warranty be enforced?
Yes, a spoken expressed warranty can be legally binding, though proving the terms of the promise can be more challenging compared to a written warranty.
What should be included in a written expressed warranty?
A written expressed warranty should include the duration of coverage, the scope of what is covered, any exclusions or limitations, and the remedies available to the buyer.
References
- Uniform Commercial Code (UCC) - Article 2: Sales
- Magnuson-Moss Warranty Act
- Consumer Protection Legislation
Summary
An expressed warranty is a vital component in commercial transactions, providing buyers assurance regarding the quality and performance of the products or services they purchase. Whether written or spoken, expressed warranties build consumer trust and provide legal recourse should the product or service fail to meet stated standards.
