Legal Definitions - Warranty

A warranty is a formal promise or assurance, typically made by a seller or provider, regarding the quality, condition, or performance of a product, service, or property. It represents a legally binding commitment that certain facts are true or that an item or service will meet specific standards for a defined period. Warranties can be either express (explicitly stated, often in writing or verbally) or implied (understood to exist by law, even if not explicitly stated).

If the promised condition or quality is not met, the party who made the warranty may be legally responsible for fixing the issue or providing a remedy, which is known as a breach of warranty. It's important to note that a warranty is distinct from a guarantee; a warranty typically specifies remedies for defects or non-conformance, while a guarantee often implies a broader assurance of satisfaction or performance.

• Example 1: Consumer Product Warranty

  When you purchase a new laptop, the manufacturer often includes a warranty stating that the hardware will be free from defects in materials and workmanship for one year from the date of purchase. If the screen suddenly stops working after six months due to a manufacturing fault, the manufacturer is legally obligated under the terms of the warranty to repair or replace the laptop.

  This illustrates a warranty because the manufacturer made a specific, legally binding promise about the quality and performance of the laptop for a set period. Their failure to uphold this promise (if a defect occurs) constitutes a breach of warranty.

• Example 2: Professional Service Warranty

  A homeowner hires a plumbing company to replace their entire water heater system. The contract includes a clause stating that the installation work is warranted against leaks for a period of five years. If, three years later, a leak develops at one of the newly installed pipe connections due to faulty workmanship, the plumbing company must return to fix it at no additional cost to the homeowner.

  This demonstrates a warranty in a service context. The plumbing company provided an express warranty for the quality of their installation work. This promise legally binds them to correct any issues arising from their workmanship within the specified timeframe.

• Example 3: Real Estate Warranty

  A developer sells a newly constructed condominium unit. The purchase agreement includes a warranty that the building's foundation will remain structurally sound for ten years. If, within that decade, significant cracks appear in the foundation due to substandard construction, the developer is legally responsible for undertaking the necessary repairs as per the warranty terms.

  This example shows a warranty related to property. The developer made an express, legally enforceable promise about the structural integrity of the foundation. This commitment ensures that the buyer has recourse if a major defect covered by the warranty arises within the specified period.