express warranty


Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.

express warranty

Specific promises made by a party regarding the quality of something sold and the remedial actions that will be taken if the property sold does not conform with the promises.

Mentioned in ?
References in periodicals archive ?
In Bob Rigby, plaintiff purchased, through a third party, a portable rock crushing machine that came with an express warranty issued by manufacturer Eagle Crusher Company, Inc.
313 does not limit express warranty to the actual seller in spite of the fact that a literal reading of the Section might so indicate, but also extends the same to the manufacturer of the goods if, in fact, an express warranty arose by virtue of other means described in the Statute.
We find, therefore, that appellee's conduct, if proven, created both an express warranty and an implied warranty of fitness for a particular purpose under sections 672.
She has no way of predicting how a judge would rule on her express warranty count.
If the sales language is not an affirmation of fact or promise then no express warranty can exist.
While the existence of an express warranty depends upon the particular circumstances in which the language is used, one test applied by some courts for determining whether a given representation is an affirmation of fact or a promise is "whether the seller assumes to assert a fact of which the buyer is ignorant or whether he merely states an opinion or expresses a judgment about a thing as to which they may each be expected to have an opinion and exercise a judgment.
It is probably fair to say that courts are most comfortable with citing precedent involving the same or similar sales language in support of their conclusion that the language at bar is or is not an affirmation of fact sufficient to create an express warranty.
If, after using one or a combination of the tests listed above, the sales statement at issue is found to be words of salesmanship involving the seller's opinion or commendation of the goods then the inquiry ends and no express warranty can be imposed because the statement was not an affirmation of fact or promise.