Define: Express Warranty

An express warranty is a guarantee made by a seller to a buyer regarding the quality, performance, or condition of a product or service. It can be oral or written and is legally binding.

An express warranty should clearly state the specific promises made by the seller, such as the duration of the warranty, what defects are covered, and any remedies available to the buyer in case of a breach.

Yes, an express warranty can be disclaimed or limited, but certain legal requirements must be met. The disclaimer or limitation should be clearly communicated to the buyer before the purchase is made.

In some cases, an express warranty can be transferred to a third party if the original buyer sells or transfers the product. However, this depends on the terms of the warranty and applicable laws.

If a seller breaches an express warranty, the buyer may be entitled to various remedies, such as repair, replacement, refund, or compensation for damages suffered as a result of the breach.

The duration of an express warranty depends on the terms specified by the seller. It can range from a few months to several years, depending on the nature of the product or service.

Yes, an express warranty can be extended or renewed if the seller and buyer agree to do so. This can be done through a written agreement or by the seller providing a new warranty document.

An express warranty can be voided if the buyer fails to comply with certain conditions specified in the warranty, such as improper use, unauthorized repairs, or neglect. However, the voiding of a warranty must be reasonable and in accordance with applicable laws.

Yes, an express warranty can be enforced against a manufacturer if the manufacturer made the warranty or if the seller is an authorized agent of the manufacturer. However, the specific circumstances and applicable laws may affect the enforceability.

In some cases, a buyer may waive their rights under an express warranty. However, such waivers must be voluntary, knowing, and clear. It is advisable to seek legal advice before waiving any warranty rights.