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. Under the federal Magnuson-Moss Warranty Act, a company must provide a written express warranty
if a product is sold for more than $15
.
Which is a requirement for 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 makes a warranty an express warranty?
An express warranty is one that is clearly stated (or “expressed”) either verbally or in writing, while an implied warranty automatically covers
most consumer goods
valued over a certain amount, but only provides a base level of protection for consumers.
What is meant by express warranty?
Express warranty is when it is
explicitly stated either orally or in writing to guarantee for any products’ or a service’s quality or reliability
. It gives the right to consumers to deal with the seller concerning the product’s performance and quality. …
What are some examples of express warranties?
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.
What is the difference between an express warranty and puffing?
The key distinction is whether the representation is one of fact or opinion.
A salesperson’s statement of her opinion of the product’s value is
known as “puffing.” Statements and representations which are merely puffing normally do not create express warranties. Theoretically, this distinction is easy to make.
What is title warranty?
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 is implied and express warranty?
An implied warranty in the law of contract is
solely based on presumption
. Unlike express warranty, the guarantee is being served in ways of assurance by the ongoing circumstances involved in due course of the contract. A seller assures in detail about the good which the buyer is going to receive.
What are the 3 types of warranties?
Four common types of warranties are the
express warranty, implied warranty, extended warranty, and special warranty deed
. An expressed warranty guarantees that a product will meet certain conditions of quality and performance.
What is express warranty in marine insurance?
marine insurance
warranties that must be considered: express and implied. Express warranties
are promises written into the contract
. There are also three implied warranties, which do not appear in written form but bind the parties nevertheless.
What is an express warranty UCC?
Express warranties are
affirmative statements
(in the words of the UCC, an “affirmation of fact or promise”) by a seller to the buyer regarding the goods being sold.
How do you prove express warranty?
Under
Section 2313
, a purchaser must prove three basic elements to establish a claim for breach of express warranty: that the seller made statements that constituted an “affirmation of fact or promise” or a “description of the goods”; that the statement was “part of the basis of the bargain;” and that the warranty was …
What is express condition?
An express condition occurs
when both parties agree that an event, or series of events, must occur before the burden of responsibility to complete the contract arises
.
Do express warranties only apply to merchants?
The UCC provides for
both express and implied warranties
of goods sold by both merchants of those types of goods and non-merchants.
What are the elements of warranty of title?
Essentially, a warranty of title
warrants that you, the seller, have title to a product that you’re selling and that there are no liens on the product
, which the buyer is unaware of at the time of purchase. Meaning, don’t sell stolen or pirated goods.
What is warranty of non infringement?
Contractor represents and warrants that the Developed Works are original and do not infringe any copyright, patent, trademark, or other intellectual property right of any third party
and are in conformance with the intellectual property laws and regulations of the United States.
What does without warranty of any kind mean?
If you have not made such an agreement with your maintainers, they have no responsibility to provide you with any support or assurance of quality. That means that
they do not have to solve your bug reports or answer your questions
.
What are the documents required for insurance?
- Voter ID Card.
- Pan Card.
- Aadhaar Card.
- Driving License.
- Passport.
- Birth certificate.
What are 2 types of warranties?
Types of Warranties. There are two types of warranties:
express warranties and implied warranties
.
What are warranties in insurance?
Warranty — (1)
A guarantee of the performance of a product
. Product warranties are included within the definition of the named insured’s product in general liability policies. (2) A statement of fact given to an insurer by the insured concerning the insured risk which, if untrue, will void the policy.
What conditions are required to be incorporated in marine insurance?
Marine insurance coverage includes
loss or damage caused to the shipment/cargo/ ship while is grounded
, and also from untoward perils like- sinking, collision, burning, weather conditions, navigation errors, theft, jettison, improper stowage by the carrier, hook damage, strikes, war, and natural perils.
What are express and implied conditions?
Express conditions and warranties are which, are expressly provided in the contract. Implied conditions and warranties are
those which are implied by law or custom
; these shall prevail in a contract of sale unless the parties agree to the contrary.
What is an express condition precedent?
Terms: Express Conditions: Conditions which are explicitly stated in the contract. Conditions Precedent:
A condition that must be satisfied before the performing party has a duty to perform
.
What is an example of an express contract?
If you offer to sell your bike to John for $100 and John states that he agrees to buy the bike for that price
, you have an express contract. John’s words have clearly communicated his intention to be bound by the terms of your offer.
What are the three main implied warranties under the UCC?
17.2 Warranties
Understand what is meant under the UCC by implied warranties, and know the main types of implied warranties:
merchantability, fitness for a particular purpose, and title
. Know that there are other warranties: against infringement and as may arise from usage of the trade.
What must a plaintiff prove in an express warranty case quizlet?
What is necessary to prove express warranty? The plaintiff must show that 1) the representation was the basis of the bargain and 2) there was a breach of the representation.
Is express warranty strict liability?
An express warranty is an affirmation of fact or promise made by the seller to a buyer that relates to the items sold and becomes part of the basis of the bargain. See Cal. … A seller’s obligation to a buyer for breach of
warranty is one of strict liability
.