Guarantees / Warranties Law

As per the guarantees/warranties law in the U.S., there are different kinds of guarantees and warranties. When buying goods or services, the warranty provided can be an express or an implied promise.

Clauses Under Guarantees / Warranties Law

Express Promise

Manufacturers, generally by means of a written warranty, promise consumers that their products will function in a certain manner and also promise that in the event of any problem, the product will be repaired or replaced. For instance, if you buy a washing machine which carries a two years express warranty, and if the machine breaks down after six months, the manufacturer will have to honor the warranty by either repairing the machine or replacing it with another.

Implied Promise

There are different kinds of implied warranties under the guarantees/warranties law:

Implied Warranty of Merchantability

According to this clause, when a manufacturer sells a product, he is making an implied promise that the product is functioning properly and that it is suitable to be bought or sold. For instance, when you are buying a dishwasher, the manufacturer is making an implied promise that the dishwasher does indeed wash dishes.

Implied Warranty of Habitability

This clause stipulates that when a house is purchased, the builder is providing an implied warranty that the house is fit enough to live in.

Implied Warranty of Fitness

The guarantees/warranties law also states that when a buyer asks the seller for a product to fulfill a particular purpose, the product offered should indeed be fit for that purpose. Consider the following situation. A buyer goes to a shop and asks for equipment to clean his house. So when the seller offers him a vacuum cleaner, there is an implied warranty of fitness.

Lemon Laws

There are also lemon laws which generally apply to automobiles. If a vehicle is found to be faulty by the buyer, the responsibility lies with the manufacturer.

‘As is’ Provision

If the seller is selling a product with an ‘as is’ provision, then no guarantee or warranty applies.

The administration of guarantees/warranties law depends on the state where the issue arises as well as the kind of product or service involved.

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