In the consumer transaction, warranty law functions as an important safety device. It regulates the promises that manufacturers and sellers offer regarding the quality, performance or life of their products. Whether you’re purchasing a smartphone, a car or a kitchen appliance, the details of the warranty — and the law behind it — can greatly affect your rights if something is not right.
At root, warranty law separates itself into express and implied warranties. Intended warranties are supposed to be: expressed warranties: Those that are overtly expressed—whether written or oral—like “This product will last five years. Implied warranties, however, are automatically added by law. Those include the warranty of merchantability (that the product will do what it is expected to do) and the warranty of fitness for a particular purpose (that the product will meet a buyer’s specific needs, if the buyer told the seller what those needs were).
The treatment of breaches is one of the most significant areas of warranty law. Goods not by the warranty If the goods do not comply with the warranties above, the Buyer: (a) must contact the Seller in writing within 14 days of the date of delivery of the goods giving details of the manufactured unit, part concerned and order number; and (b) at the Seller’s sole discretion, the Seller will refund the price of the defective goods and the Buyer has no further rights, or the Seller will repair/replace the defective goods. But the process is not always simple. Many warranties have limitations: that you use authorized service providers or fail to cover “normal wear and tear,” for instance.
Recent legislative action has also underscored the consumer’s right to repair. And thanks to changing interpretations of warranty law, a manufacturer can’t void a warranty just because a product was serviced by an independent technician, so long as the repair wasn’t the reason the product broke in the first place.
What warranty law comes down to, in the end, is not fine print. It’s a legal guarantee that the item you purchase will meet reasonable expectations. Understanding your rights — and reading warranty terms with an eagle eye — can help make for smarter, more secure purchases.
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