Express Warranty

An express warranty is a seller’s explicit promise that a product, component, or service will be repaired, replaced, or otherwise remedied if it is faulty within a specified time period. Buyers often rely on these promises when deciding to purchase.

Key points

• An express warranty can be oral or written and may appear in contracts, product packaging, advertisements, or in-store signage.
• Federal law (the Magnuson-Moss Warranty Act) regulates written consumer warranties but does not require companies to issue warranties.
• Advertising claims about a product’s quality, functionality, lifespan, or efficacy can create an express warranty.
• If a seller makes no explicit promises, an implied warranty may still apply.

How express warranties work

Express warranties communicate the seller’s obligations if a product fails to meet the stated standard. Typical warranty language might promise repair or replacement for defects discovered within a set period. Most express warranties are provided by manufacturers or sellers and can vary widely in scope, duration, and conditions.

If a company offers a written express warranty, federal rules apply to its format and certain disclosure requirements. Those rules protect consumers when sellers do not adhere to their written promises.

Special considerations

• Advertising as warranty: Specific statements in ads (e.g., “lasts five years,” “guaranteed free of defects”) can create enforceable warranties.
• Puffery: Vague, exaggerated marketing claims (for example, “the best in the world”) generally do not create a warranty that entitles a buyer to a refund.
• Limitations: Warranties often include exclusions, mileage or usage limits, or requirements for maintenance and proof of purchase.

Examples

• E-commerce: Online sellers commonly provide express warranties because buyers cannot inspect items before purchase. If a shipped garment is the wrong size, color, or defective, the seller may be required to repair, replace, or refund the item and often cover return shipping.
• Auto sales: Car dealers frequently advertise express warranties that cover repairs for a specified time or mileage. Coverage typically ends once the time or mileage limit is exceeded.

Express vs. implied warranty

• Express warranty: A clearly stated promise about a product’s condition or performance, made orally or in writing.
• Implied warranty: An unwritten guarantee that a product will perform its ordinary functions. Under the Uniform Commercial Code, the implied warranty of merchantability requires that goods be fit for their usual purpose.

In practice, a buyer may rely on either type: express warranties when specific promises are made, or implied warranties when no explicit guarantees exist.