Express warranty
0An express warranty is created when a seller makes a guarantee to the buyer that the product/service being offered has certain qualities. Presenting an express warranty to a customer could potentially give rise to a product liability claim towards the company due to a marketing defect. For an express warranty to exist between a seller and a buyer, the following must occur.
First, a statement must be made. This statement could be made by making a promise with the buyer about the product/service being offered, giving the buyer a description of the product/service being offered, or by providing the buyer with a sample of the product/service being offered. Advertisements can also be used as a medium in which express warranties can be created. For there to be an express warranty the seller does not have to express that he/she is making a guarantee or warranty; as long as what is being said is a factual statement and as long as the buyer relied on the facts when deciding to make the purchase, then there exists an express warranty. However, there is no warranty if the seller is simply sharing his thoughts over the product/service that is being offered. Giving an opinion rather than a factual statement; a statement formed subjectively rather than objectively, is known as puffing. The act of puffery does not set the grounds for the creation of an express warranty.
Second, the buyer must have depended on this guarantee (in whichever form it was made) when deciding whether or not to purchase the product/service. If a buyer believes that the product or service purchased does not resemble that which was expressed in the guarantee then the buyer has the option to file for a breach of express warranty. A seller could try to prove that the statements that were made did not play a role in the buyer's decision-making process.
Source: https://en.wikipedia.org/wiki/Express_warranty
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