QUESTION: What is an express warranty?
ANSWER: Express warranties, unlike implied warranties, are not “read into” asales contract by state law. Instead, the manufacturer explicitly offers these warranties to the customers in the course of a sales transaction. They are promises and statements that are voluntarily made about the product or about the manufacturer’s commitment to remedy the defects and malfunctions that some customers may experience.
Express warranties can take a variety of forms, ranging from advertising claims to formal certificates. An express warranty can be made either orally or in writing. While oral warranties are important, only written warranties on consumer products are covered by the Magnuson-Moss Warranty Act.
Section 2-313 of the Uniform Commercial Code covers express warranties.