What is a ‘warranty’? | Shapiro, Washburn & Sharp

A warranty is a promise or guarantee by a manufacturer or seller that the product is of a certain quality or character.

An Express Warranty occurs when a seller makes a statement, either orally or in writing, which relates to the goods and becomes part of the basis of the deal with the consumer.

An Implied Warranty when a seller knows, or should know, that the product he is selling is used for a particular purpose and the consumer is relying on the seller’s skill or judgment in selecting a product suitable for that purpose.  Further, there is typically an Implied Warranty of Merchantibility, which means that the product will be fit for the purposes for which it is ordinarily used.