Is there any basic warranty coverage that automatically comes with a consumer product?

Customers will almost always receive the basic protection of the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Most states prohibit anyone who offers a written warranty from disclaiming or modifying implied warranties.

What is a full warranty?

A warranty is a “full” warranty when:

• There is not a limit the duration of implied warranties
• Coverage is not limit to first purchasers
• Warranty service is free of charge, including such costs as returning the product or removing and reinstalling the product when necessary
• At the consumer’s choice, either a replacement or a full refund if, after a reasonable number of tries, the product can’t be repaired
• Consumers aren’t required to perform any duty as a precondition for receiving service, except notice that service is needed

Is a warranty a contract the manufacturer must honor?

Yes, a warranty is a contract that commits the manufacturer to stand behind the product.

If a product doesn’t perform as anticipated, is it covered by any type of warranty?

A merchant seller makes an implied warranty of the merchantability of the goods he sells. This warranty is in fact a group of warranties, the most important of which is that the goods are fit for the ordinary purposes for which they are sold. The law says that merchants make this promise automatically every time they sell a product they are in business to sell.

I bought a washer because of what the salesperson said it would do. It does not do what he said. Do I have any legal recourse?

A buyer may intend to use the goods for a particular or unusual purpose, compared to the ordinary use for which the goods are customarily sold. If so, the seller makes an implied warranty that the goods will be fit for that purpose when:

• the buyer relies on the seller ‘s skill or judgment to select or furnish suitable goods, and
• when the seller at the time of contracting knows or has reason to know the buyer’s particular purpose and of the buyer’s reliance on the seller’s judgment.

When the buyer makes the purchase without relying on the seller’s skill and

judgment, no warranty of fitness for a particular purpose arises.

I feel the product I purchased is wearing out prematurely. Isn’t this covered under my warranty?

Implied warranties are promises about the condition of products at the time they are sold, but they do not assure that a product will last for any specific length of time.  Everything that can possibly go wrong with a product does not fall within the scope of implied warranties. For example, implied warranties do not cover problems such as those caused by:

• Abuse;
• Misuse;
• Ordinary wear;
• Failure to follow directions; and
• Improper maintenance.

What is the statue of limitations claim for breach of warranty issue?

State statutes of limitation for breach of either an express or an implied warranty are generally four years from date of purchase. This means that buyers have four years in which to discover and seek a remedy for problems that were present in the product at the time it was sold. This does not mean that the product must last for four years. It means only that the product must be of normal durability, considering its nature and price.

Is there any type of warranty for a product I bought from a second-hand store?

As far as the UCC is concerned, there is no difference between the warranties arising in the sale of used goods and those arising in the sale of new goods. With respect to used goods, what is “fit for normal use” will be a lower standard for used than for new goods.

What is an express warranty?

Express warranties, unlike implied warranties, are not “read into” a sales contract by state law. An express warranty is a statement by the seller relating to the goods, which statement is part of the basis of the bargain. This means that the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. Thus, a statement by the seller with respect to the quality, capacity, or other characteristic of the goods is an express warranty. For example, “This shirt is 100% cotton.”