Express Warranty
An express warranty is an agreement by a seller to provide repairs or a replacement for a faulty product, component, or service within a specified time period after it was purchased. Buyers rely on these promises or guarantees and sometimes purchase items because of them.
Definition: An express warranty is an agreement in which the seller agrees to repair or replace defective products, parts, or services within a specified period after purchase. Buyers rely on these promises or guarantees and sometimes purchase goods because of them.
Origin: The concept of express warranties can be traced back to ancient commercial transactions, where merchants would make oral or written promises to ensure the quality of their goods. With the development of commercial law, especially in the 19th and 20th centuries, express warranties were gradually incorporated into formal legal frameworks, becoming an essential part of consumer protection.
Categories and Characteristics: Express warranties can be divided into oral warranties and written warranties.
- Oral Warranties: These are guarantees provided by the seller through verbal promises, often occurring in face-to-face transactions. Although oral warranties are legally binding, they are harder to prove in practice.
- Written Warranties: These are guarantees provided by the seller through written documents, usually included in product manuals or sales contracts. Written warranties have stronger legal standing because their content is clear and easier to prove.
- Clarity: The content and duration of the warranty are usually clear.
- Legal Binding: Once provided, the seller must fulfill their promises.
- Consumer Protection: Provides a level of assurance to consumers, enhancing their confidence in purchasing.
Specific Cases:
- Case One: An electronics company offers a one-year express warranty on its new smartphone, promising to repair or replace the phone for free if it suffers any non-human damage during this period. Consumers feel confident purchasing the phone because of this warranty.
- Case Two: An automobile manufacturer offers a three-year or 60,000-mile express warranty on new cars, promising to repair or replace any mechanical failures during this period for free. This warranty significantly increases consumers' willingness to buy the car.
Common Questions:
- Question One: What is the difference between an express warranty and an implied warranty?
Answer: An express warranty is a guarantee explicitly provided by the seller, while an implied warranty is a guarantee that is legally assumed, such as the implied warranty of merchantability and fitness for a particular purpose. - Question Two: What should consumers do if the seller does not fulfill an express warranty?
Answer: Consumers can seek legal action to enforce the warranty or seek compensation.
