Warranty Rights

A warranty is an agreement between a seller or manufacturer and the buyer stating that the product will work as intended or that the warrantor will agree to repair any defects and non-conformities in the product. A warranty binds the manufacturer or seller to take responsibility in the event of a malfunction to repair or replace defects in your product within a given period of time.

Warranty problems occur when the company has misstated its policy or when the language included in the warranty is confusing. The main problem which lies in warranty is warrantors refusing or failing to honor the warranties they unilaterally drafted and provided to the consumer. However, it is the seller''s responsibility to make sure that the warranty''s language and intent is clear.

Based on the laws that govern warranties, a manufacturer should either repair the nonconformity or replace the product in fully working condition, or in some instances even refund the money that you paid for the product.

Here are some general warranty types that you may encounter:

 

Implied Warranties
An implied warranty is a warranty created by operation of law based upon the purchase or lease of a product which affords the consumer certain basic rights. As such, an implied warranty is not restricted by the express representations made by the seller.

There are two types of implied warranties: merchantability and fitness for a particular purpose.
Implied Warranty of Merchantability – The implied warranty of merchantability guarantees that a product or vehicle will be fit for the ordinary purpose for which it was intended. In the case of automobiles, typically, courts require that the automobile be safe, reliable, and substantially free from defects in order for it to be merchantable.

Implied Warranty of Fitness for a particular purpose – The implied warranty of fitness guarantees that the product or vehicle will function for the purpose you bought it.

Express Warranties
An express warranty is typically a guarantee from the seller, distributor, or manufacturer of a product that specifies the extent to which the quality or performance of the product is assured and states the conditions under which the product can be returned, replaced, or repaired, for a certain number of miles or for a certain period of time. It is often given in the form of a specific, written ""Warranty"" document.

Used and ""As Is"" Goods
With ""As Is"" warranty, the dealer cannot be held accountable for any necessary repairs after the sale. However, pursuant to federal law, even though you may have purchased your product that the seller labeled “AS IS” you may still have various rights and protections if the seller of your product either provided you with a written warranty or service contract within 90 days of the time of sale. Further, if any of the details and attributes of the product were misrepresented or omitted you may still have other rights that are not defeated simply because the seller claimed you purchased the product “AS IS.”

Extended Warranties and Service Contracts
Extended warranty and service contracts cover defects that could arise some time after the date of sale. Should the product malfunction within a stipulated amount of time after the purchase, the manufacturer or distributor is typically required to provide the customer with a replacement, repair or refund.
In essence, an extended warranty or service contract is an insurance policy on your product or vehicle, a safeguard against expensive, unforeseen repairs. They cover repairs and/or regular maintenance for an agreed-upon period of time.

Determining whether a dealer or manufacturer has in fact breached an extended warranty or service contract warranty can be complicated. A product liability lawyer from The Krohn & Moss Consumer Law Center®can help you determine if you have a claim and can defend your rights accordingly.

You can Contact the Krohn & Moss Consumer Law Center® by calling our toll free telephone number
1-800-US-LEMON (1-800-875-3666),
emailing us at queries@consumerlawcenter.com,
or completing our Free Lemon Law Case Review.