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Cok Kinzler PLLP

Understanding implied warranties

Like many of those in Bozeman that we here at Cok Kinzler PLLP have worked with, you may believe that you are protected from any harm or damage that a product you own may cause through its warranty. Many products do indeed come with an express warranty, or promises written into a sales contract. However, not every aspect of a product’s performance may be covered under an express warranty. Does that mean you are not protected in circumstances not specifically addressed a warranty?

Aside from express warranties, the law also recognizes implied warranties. The Federal Trade Commission states that there are two types of implied warranties: implied warranties of merchantability and implied warranties of fitness for a particular purpose. An implied warranty of merchantability is the promise you have that a product you buy will do what it is intended to do. An example of this may a piece of furniture you buy that the seller promises is in good structural condition. If, upon using it, the piece collapses, then you may have a claim for breach of implied warranty. The only exception to this would be when the seller stipulates that you have to buy a product “as is.”

An implied warranty of fitness for a particular purpose applies when you buy a product based upon a promise of performance made by the seller. For example, say a seller states that a support harness he or she is selling can support up to 200 pounds of weight. Such a promise implies a warranty. If the harness subsequently fails while supporting less than the promised weight limit, you could have a case for liability.

More information on product liability issues can be found by continuing to explore our site. 

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