express warranty

Before statutory law, the buyer had no express warranty ensuring the quality of goods.

Express warranties: arise from any statement of fact of promise.

An implied warranty unlike an express warranty, is not written.

There may be a so-called express warranty by virtue of the affirmation made to her by the sales person.

An express warranty is typically a written warranty.

The contract will generally contain an express warranty intended to be in substitution for a condition which would otherwise be imposed.

The express warranty signed by Mr. Henningsen will apply under contract law even though he did not read all of it.

On the other hand, the phrase "as is" does not disclaim express warranties, such as those created by the seller's description of an item.

He also contends that Liggett made and breached express warranties, or guarantees, that its cigarettes were safe.

This did not mean that the words at issue were superfluous; they referred also to express warranties which would have related to the condition of the car.

Among other things, under the law implied warranties cannot be disclaimed if an express warranty is offered, and attorney fees may be recovered.

Furthermore, in the absence of express warranties, the common law rule of caveat emptor(buyer beware) will apply.

The court agreed that in the previous proceedings "LULA effectively disclaimed alleged express warranties".

Use of Confidential Documents "But I was shocked," he added, "that they didn't give an award to Rose on the express warranty."

Unless the buyer can show that there was some fraud involved, or the seller breached an express warranty, the buyer is not entitled to a refund.

Express warranty claims focus on express statements by the manufacturer or the seller concerning the product (e.g., "This chainsaw is useful to cut turkeys").

Causes of action brought in the complaint included negligence, intentional infliction of emotional distress, implied warranty, express warranty, fraud, strict liability and unfair trade practices.

There was no evidence either that the defendant knew of the presence of the stones in the food, or that he made an express warranty as to the food.

There was no evidence of fraud or an express warranty, and it was held that an action on the case would not lie, "for selling one wood for the other."

That meant in this case that the farmers' claims for "defective design, defective manufacture, negligent testing and breach of express warranty" were not pre-empted, the court concluded.

Honesty exists when a document is enforceable on the basis of its ostensible (as opposed to'small print') terms, or when express warranties are not disclaimed in the small print.

First, it should be pointed out that, where sales are concluded by sample, such a contract contains an express warranty that the bulk of the goods will conform to the sample.

Express warranties are usually statements in writing such as those provided by the manufacturers in Owner's Manuals and other written sales or advertising materials, or by a sample or model.

In all such cases, the buyer is far better advised to include an express statement of the purpose for which the goods are intended, and an express warranty as to their suitability for it.

The defendants refused to repair the car under warranty, since they claimed the express warranty was limited only to repairing the defective parts and that it was not liable for damages caused by defective parts.