Affirmative Warranty:
An affirmative warranty is a legally binding promise made by a seller or manufacturer to a buyer, guaranteeing the quality, performance, or condition of a product or service. It assures the buyer that the product or service will meet certain specified standards and will be free from defects or deficiencies. This warranty is typically provided in writing and outlines the rights and remedies available to the buyer in case of any breach or failure of the warranty. The affirmative warranty serves as a form of assurance and protection for the buyer, ensuring that they can rely on the seller’s commitment to deliver a satisfactory product or service.
An affirmative warranty is a type of warranty provided by a seller to a buyer in a sales transaction. It is a promise made by the seller that the goods being sold are of a certain quality or will meet certain specifications. Unlike an implied warranty, which is automatically imposed by law, an affirmative warranty is voluntarily given by the seller.
To be valid, an affirmative warranty must be clear and specific about the qualities or specifications of the goods. It can be made orally or in writing, but it is generally recommended to have a written warranty to avoid any disputes or misunderstandings.
If the goods sold do not meet the standards or specifications promised in the affirmative warranty, the buyer may have legal recourse against the seller. The buyer can seek remedies such as repair, replacement, or refund of the purchase price. In some cases, the buyer may also be entitled to damages for any losses suffered as a result of the breach of warranty.
It is important for both buyers and sellers to understand the terms and conditions of any affirmative warranty before entering into a sales transaction. Buyers should carefully review the warranty to ensure that it covers their specific needs and expectations. Sellers, on the other hand, should be cautious in making affirmative warranties and ensure that they can fulfil their promises.
Overall, an affirmative warranty provides buyers with additional protection and assurance regarding the quality and performance of the goods being purchased. It serves as a contractual agreement between the buyer and seller, outlining the seller’s obligations and the buyer’s rights in case of any defects or non-compliance with the promised standards.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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