What is a Warranty?

Generally, a warranty is your promise, as a manufacturer or seller, to stand behind your product. It is a statement about the integrity of your product and about your commitment to correct problems when your product fails.

The law recognizes two basic kinds of warranties—implied warranties and express warranties.

Your warranty is a contract that commits you to stand behind your product.

Basically, your product is "merchantable" if it does what it is supposed to do.

Implied warranties deal with the product at the time it is purchased.

Generally, customers have four years to enforce an implied warranty claim.

Merchants of used goods also give implied warranties.

You can sell without implied warranties—"as is"—in most states.

To sell "as is" you must clearly and conspicuously disclaim implied warranties, generally in writing.

You cannot sell "as is" in some states.

You cannot avoid implied warranties if you offer a written warranty on a consumer product.

You cannot avoid responsibility for personal injury caused by a defect in your product, even if you sell "as is."

Section 2-313 of the Uniform Commercial Code covers express warranties.

Section 2-314 of the Uniform Commercial Code, which is law in every state but Louisiana, covers the implied warranty of merchantability.

Section 2-315 of the Uniform Commercial Code covers the implied warranty of fitness for a particular purpose.

 

For more information, see here:  http://www.business.ftc.gov/documents/bus01-businesspersons-guide-federa...

 

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