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A warranty is a term of a contract, but not usually a condition of the contract or an innominate term, meaning that it is a term "not going to the root of the contract", [6] and therefore only entitles the innocent party to damages if it is breached, [6] i.e. if the warranty is not true or the defaulting party does not perform the contract in ...
A "warrantor" is any supplier or other person who gives or offers a written warranty or who has some obligation under an implied warranty. [4] A "consumer product" is generally any tangible personal property for sale and that is normally used for personal, family, or household purposes. It is important to note that the determination whether a ...
The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are.
1. Electronics. Having a warranty on electronics, such as smartphones, gaming consoles, and laptops, can save you a great deal of money since these devices are prone to malfunctions or accidental ...
For an express warranty to exist between a seller and a buyer, the following must occur. [2]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. [2]
The FTC specifically identified that informing consumers that warranties are voided if they break a warranty sticker or seal on the unit's packaging, use third-party replacement parts, or use third-party repair services is a deceptive practice, as these terms are only valid if the manufacturer provides free warranty service or replacement parts ...
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Statute may also declare a term or nature of term to be a condition or warranty. For example, the Sale of Goods Act 1979 (UK) s15A [7] provides that terms as to title, description, quality, and sample (as described in the Act) are conditions save in certain defined circumstances.