Product Warranties – Do I Need One?

Find out what a warranty is and when you might need one when purchasing a product.

How can a warranty protect me? 

A warranty is a form of guarantee or assurance that the product you bought operates as intended. Almost all products carry either a written warranty or an implied warranty. A written warranty (also called expressed warranty) is like a contract. In it are the terms and conditions of what you can expect from the product. Most types of written warranties promise that the product is free from defects for a prescribed period of time. Most of the time, if the product is broken or defective the seller will either replace the product or refund your money. If the seller refuses to honor its own warranty the seller can bring a legal action.

What if the product did not have a written warranty? 

These are called implied warranties. Most states have adopted the Uniform Commercial Code. This law provides that new products come with two important implied warranties. One covers the product for merchantability; the other covers the product for fitness. The warranty that covers merchantability assures that the product purchased will work if used for its intended purpose. The warranty covering the fitness of the product provides that the product will work if you used it in a reasonable manner and consistent with its intended purpose.

Does an implied warranty cover used products? 

Yes. However the warranty or promise is based on the product being in a used condition. The implied warranty for a used product is that it will work as expected given the products age and condition.

How long does a warranty last? 

In most states an expressed warranty will last for the term stated in the language of the warranty. Implied warranties of new products can last indefinitely but can be limited by the limitations inherent in the products intended use and under its intended purpose. To find about your product please confer with an experienced lawyer for your right and obligations.

What if the product fails after the warranty expires?

In most states, assuming the failure of the product originally surfaced within the original warranty period, most manufacturers will extend your warranty. However most manufacturers will insist that your previous repairs to their product was performed by an authorized repair service. While most manufacturers make money on extended warranties, purchasing additional warranty coverage should at least be considered.

Learn About Federal Warranty Law >>>

Leave a Comment

Your email address will not be published. Required fields are marked *