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Express Warranties

Definition of an Express Warranty

An express warranty is an assurance by a seller or manufacturer that a product will work in a certain way for a certain period of time.

Written Express Warranties

If you buy a DVD player from a store, it may be covered by two separate written express warranties. The first warranty is the manufacturer's warranty. You will probably find the manufacturer's written warranty inside the box. The second warranty is the store's warranty. You may find the store's warranty on your receipt or on any paperwork that accompanied the sale. In addition, if a sign inside the store says something like "All DVD players guaranteed for 30 days," that creates an express warranty.

Oral Express Warranties

If a sales clerk tells you that the DVD player will work for two years, he has created an oral express warranty. That warranty will be binding on the store. However, if the sales clerk says something like "This is the best DVD player I've ever owned," he has not created an express warranty. He has merely stated an opinion. An opinion is not a warranty.

You may see TV ads by the store or the manufacturer. If those ads say that the DVD player will work in a certain way or for a certain period of time, the ads have created an express warranty. The ads may not mention your DVD player. They may say that all of the products of the store or the manufacturer will work in a certain way or for a certain period of time. Those ads create an express warranty that covers your DVD player.

Full Warranties and Limited Warranties

A full warranty states that your DVD player will be repaired or replaced if it stops working during the warranty period. The law requires the store or the manufacturer to fix the DVD player within a reasonable period of time if it is subject to a full warranty. If the DVD player cannot be fixed, you may be entitled to a refund.

A limited warranty covers less than a full warranty. It may state that the manufacturer will replace only certain parts if the DVD player breaks. Or it may say that the store will cover the cost of shipping the DVD player to the manufacturer for repair.

Enforcing Express Warranties

If your DVD player stops working during the period of the store's express warranty, you should take it to the store for repair. The store will probably honor its written warranty. If the store refuses to honor the written warranty or disputes the existence of an oral warranty, you may have a legal claim against the store for breach of warranty.

All states impose time limits (typically a number of years) on legal actions for breach of warranty. The time limit will usually begin to run when you discover the defect in the product. You cannot file a legal action after the time limit expires.

There are situations in which you may withhold payment until a seller or manufacturer complies with its express warranty. However, you should contact a lawyer before you decide to withhold payment. If the defect in the product is minor, withholding payment may not be justified. In addition, the warranty may not cover what you think it covers.

Extended Warranties

When you bought your DVD player, the store probably asked if you wanted to buy an extended warranty for an additional cost. An extended warranty covers a product for a longer period of time than the standard warranty of a seller or manufacturer. Before you agree to buy an extended warranty, you should ask the store to explain the terms of the standard warranties of both the store and the manufacturer. You may decide that the extended warranty is not worth your money in light of the standard warranties.

Copyright 2008 LexisNexis, a division of Reed Elsevier Inc.