Warranty Rights - Your Lemon Law Rights®

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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

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 [email protected],
or completing our Free Lemon Law Case Review.

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