Express and Implied Warranty Research Assignment Paper

Express and Implied Warranty
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Express and Implied Warranty
A warranty refers to assurance or a promise that is set to provide a guarantee by one party to another party that a particular activity, act, process or conditions will be honoured or will be undertaken. In other words, a warranty forms part of an agreement between the manufacturers or sellers of a particular product and the buyers. Notably, there’re two types of warranties; express and implied warranties. Warranties are not limited to electronic devices only, but also other finished products in the market. Just to give the difference between the two from their definitions, express warranties is given by the seller of a particular product. Also, express warranties are presented in a written form and arranged for it to qualify to be an express warranty. On the other hand, implied warranties are the ones that emanate either from the situation of the sale or from the sale itself.
Another difference between the two is that implied warranties are categorized into two, unlike in express warranties. The first division is the implied warranty of merchandise and the second one is the implied warranty of fitness for a particular purpose (Murthy & Blischke, 2012). Merchantability means that the goods to be sold are of average quality, properly packed and fit the goals supposed to serve. An example is a neck chain to be sold must be of average standard as compared to the rest of the neck chains of the same price tag range (Murthy & Blischke, 2012). It must explain time, that is, it should not be packed in a ‘Rolex' labeled box unless it is a ‘Rolex.' On the other hand, implied warranty of fitness for a particular purpose is the one that shows the reason for which the product intends to serve.
When some people use the 'warranty' as a word, they are referring to express ‘warranty.' It is a particular type of warranty under the Uniform Commercial Code (U.C.C). It is an assenting promise from the manufacturer of a product regarding the quality of a product. The quality here refers to the particular feature and types of products sold. For example, saying a phone is ‘waterproof' that a particular car can get to '30 MPG' on the road or a particular type of concrete becomes rock hard in a span of 5 minutes (Tebbens, 2012). All of the above examples are express warranties (Twomey, Jennings, & Greene, 2016). Another difference between express and implied warranties is that in express warranty, not only affirmative statements are made but also includes descriptions and particulars of a product sold (Twomey, Jennings, & Greene, 2016). The buyer is also shown some samples of the goods sold. For example, if a customer is shown a floor sample of a vehicle on sale, the sample should match the actual vehicle in ...