An “express” warranty by a seller is created by: Any statement of fact or promise relating to the goods sold which becomes part of the basis of the bargain between the parties , creating a warranty that the goods will conform to the statement or promise.
In what three ways can an express warranty be created?
An express warranty can be created in one of three ways: through an affirmation of fact made by the vendor of the goods to the purchaser relating to the goods , which becomes part of the bargain; by way of a description of the goods, which is made part of the basis of the bargain; and through a sample or model, which is ...
What are the warranties made by all sellers?
Every seller, by the mere act of selling, makes a warranty that the seller’s title is good and that the transfer is lawful as to passage of title . A warranty of title may be specifically excluded in the contract documents, or the circumstances may be such as to prevent the warranty from arising.
Does the opinion of a salesperson create an express warranty explain?
Note that it’s not necessary for a seller to use a term such as “warrant” or “guarantee” to create an express warranty. However, if a seller is simply expressing his or her opinion of the goods, there is no promise or warranty .
How does a seller create an express warranty quizlet?
Express warranties are created when a seller or lessor states orally, in writing, or through inferences that the goods meet a certain standard of quality, performance, or condition . No formal words are necessary to create an express warranty. Sellers and lessors are not required to make warranties.
What is the difference between guarantee and warranty?
A warranty is a guarantee of the integrity of a product and of the maker’s responsibility for it. In a sense, guarantee is the more general term and warranty is the more specific (that is, written and legal) term.
What warranties Cannot be disclaimed?
Disclaimers are typically accomplished through conspicuous language regarding merchantability or “as is” language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.
What is an example of an express warranty?
Claiming a watch is “waterproof to 250 feet,” that a car gets “35 mpg on the highway ,” or that a brand of concrete “cures rock-hard in 5 minutes, no matter what the weather” are all examples of express warranties.
Do express warranties have to be in writing?
A warranty is, generally, offered by a manufacturer or seller of a product. Warranties are typically made in writing and there is also such a thing known as an express warranty. An express warranty does not have to be in written form to be considered legit .
Does puffing create express warranty?
Puffing and commendation of goods do not create an express warranty , nor does as affirmation of the value of the goods.
What is the warranty of title?
A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property . In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.
What statements could create an express warranty?
An “express” warranty by a seller is created by: Any statement of fact or promise relating to the goods sold which becomes part of the basis of the bargain between the parties , creating a warranty that the goods will conform to the statement or promise.
Which of the following is an example of an express warranty quizlet?
An express warranty is created when a seller indicates that the goods will conform to: (1) All affirmations of fact or promises made about the goods. Examples: ” This car will go 100 miles per hour” . ” This paint will not fade for at least 5 years”.
What is guarantee example?
The definition of a guarantee is a promise that something will happen. An example of guarantee is a document stating that a new barbecue grill will be repaired free of charge for the first two years after purchase . To assume responsibility for the quality or performance of. ... I guarantee that you’ll like this book.
What makes a guarantee valid?
The mutual assent of two or more parties, competency to contract and valuable consideration . An offer to guarantee must be accepted, either by express or implied acceptance. If a surety’s assent to a guarantee has been procured by fraud by the person to whom it is given, there is no binding contract.
What is an example of warranty?
For example, when you buy a new car from a car dealer, the warranty states that the car works . If the car doesn’t work, the warranty gives the owner the right to have the dealer fix the car under certain conditions (length of time, cause of damage, etc.). These conditions are typically spelled out in the warranty.
