Types of Warranty

• The Magnuson-Moss Warranty Act requires that adequate information about written warranties be made available to consumers. Under the act, a distinction is made between a full warranty and a limited warranty. Under a full warranty, the seller may not limit the time the goods are covered by implied warranties; under a limited warranty, the seller may do so.

• Article 2 of the UCC provides for two types of warranties made by sellers:

express warranties and
implied warranties.

An express warranty is an oral or written guarantee given by manufacturers and sellers. They arise in different ways, such as when the seller makes a factual statement or a promise, describes the goods, or produces a sample of the item that is being sold. A seller may exclude an express warranty from a sales contract by using clear, specific language. Implied warranties are imposed on a seller by law. They become part of a sale even though the seller may not have intended to create them.

Implied warranties include merchantability, fitness for a particular purpose, and the implied warranty of title. Like express warranties, implied warranties may under certain circumstances be disclaimed. For example, the expressions “as is” and “with all faults” exclude all implied warranties except the implied warranty of title.