(9) ALI Principles, [section] 3.02(b) (explaining the ways in which a transferor might make an express warranty
); UCC Art.
An 'express warranty
' is broadly defined under s 2 of the ACL to include an 'undertaking, assertion or representation' that relates to the 'quality, state, condition, performance or characteristics of the goods ...
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure." So what's the problem with the draft express warranty
An express warranty
is different from a statement of opinion.
1970), a subcontractor was excused from its express warranty
to provide good quality construction materials because it was obligated by the project specifications to provide one particular brand of brick.
(4) If the consumer attempts to avail himself of an express warranty
when something goes wrong with the product, the licensor can point to the e-disclaimer and integration clauses and claim that evidence of the express warranty
is inadmissible under contract law's parol evidence rule.
Under an express warranty
, a manufacturer represents certain characteristics about its product to the customer.
This means that if a buyer made a purchase decision after reading a description of what the product purports to be able to do, there is an express warranty
that the product must conform to this description.
The suit alleges negligence, strict liability, breach of implied warranty, fraud, unfair trade practices, and breach of express warranty
. The plaintiffs seek compensatory and punitive damages.
California's lemon law provides that if a manufacturer or its representative in this state fails to repair a new vehicle to conform to any express warranty
after a reasonable number of attempts, the manufacturer must replace the vehicle or pay restitution.
Typically, this does not involve an express warranty
but, rather, a potential breach of implied warranty of merchantability or fitness for a particular purpose.