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.
Written Warranties
An express warranty is typically a guarantee from the 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.
"As Is Goods"
When a vehicle or other consumer product is sold "As Is," 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 from 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 Warranty and Service Contract
An extended warranty or service contract covers the cost of repairs to defects
that may arise after the date of sale and after the expiration of the written warranty.
Should the product malfunction within a stipulated amount of time after the purchase,
the extended warranty company or service contract company may be required to pay
for needed repairs to your vehicle or consumer product. In essence, an extended
warranty or service contract is an insurance policy on your vehicle or consumer
product, a safeguard against expensive, unforeseen repairs. Determining whether
extended warranty company or service contract company has in fact breached an extended
warranty or service contract can be complicated. A lawyer from Krohn & Moss, Ltd. Consumer Law Center® can help you
determine if you have a claim and can prosecute
your rights accordingly.
You can Contact Krohn & Moss, Ltd. Consumer Law Center® by calling
our toll free telephone number
1-800-USLEMON (1-800-875-3666),
emailing us at queries@consumerlawcenter.com,
or completing our Free Lemon Law Case Review.