Legal Definitions - express warranty

An express warranty is a clear and specific promise or statement made by a seller to a buyer about the quality, condition, performance, or characteristics of a product or property. These statements become a fundamental part of the agreement, influencing the buyer's decision to purchase. Unlike implied warranties, which are automatically assumed by law, an express warranty is explicitly communicated, either verbally, in writing, through a detailed description, or by providing a sample or model.

It's important to note that a seller doesn't need to use the exact words "warranty" or "guarantee" for an express warranty to exist. Any clear affirmation of fact or promise about the goods or property that the buyer relies upon when making their purchase can create one.

Here are some examples illustrating how an express warranty can arise:

• Example 1: Direct Statement or Promise

  A salesperson at an electronics store tells a customer, "This specific laptop model comes with a battery that holds a charge for a minimum of ten hours, even with continuous use." The customer, needing a laptop for long flights, purchases the device based on this assurance. If the laptop's battery consistently dies after only four hours of continuous use, the salesperson's statement could be considered an express warranty that was breached.

  Explanation: The salesperson's direct, specific statement about the battery life is an affirmation of fact and a promise about the product's performance. This statement became a "basis of the bargain" because the buyer relied on it when deciding to purchase the laptop.

• Example 2: Product Description

  An online retailer advertises a set of kitchen knives as being made from "high-carbon, stain-resistant German steel, guaranteed to maintain a razor-sharp edge for years without sharpening." A chef buys the knives, expecting professional-grade performance. However, within weeks, the knives show significant rust spots and quickly lose their sharpness, requiring frequent sharpening.

  Explanation: The detailed product description regarding the material and edge retention of the knives constitutes an express warranty. The buyer relied on these specific claims about the quality and durability of the knives when making the purchase.

• Example 3: Sample or Model

  A custom cabinet maker shows a client a sample door made of solid maple wood with a specific stain and finish, promising that all kitchen cabinets will be built to match this sample. The client approves the design and materials based on the sample. After installation, the client discovers that the installed cabinets are made of a less durable wood veneer, have a noticeably different stain color, and lack the smooth finish of the original sample.

  Explanation: The sample door provided by the cabinet maker served as a model representing the quality, material, and appearance of the final product. The client's decision to proceed with the order was based on the expectation that the installed cabinets would match this sample, thereby creating an express warranty.