In the most basic terms, a warranty is a guarantee by the seller or manufacturer of a consumer product. Warranties may state a promise about the quality of a product.
They may also include promises to repair a product for a certain period of time. This is known as “repair under warranty.”
Manufacturers and sellers are legally required to fulfill these stated warranties if there is a defect with the product. However, the laws surrounding product warranties are very complex.
If you have a question regarding product guarantees, you may wonder about a reasonable time for repair under warranty. When a product is faulty and causes harm, it is important to contact a knowledgeable liability attorney.
Legal cases involving warranties are so complicated because there are three different warranty laws that can apply to certain goods. In the following article, we will discuss these three types of warranties.
We will also discuss a reasonable time for repair under warranty. For legal questions regarding product liability, make sure to speak with a knowledgeable tort attorney.
The skilled team at Morgan & Morgan knows how to protect victims of faulty products. To arrange a no-cost legal consultation to discuss the facts of your case, fill out the contact form on our website.
Primary Types of Warranties
There are many different kinds of warranties that can apply to faulty products. When each type of warranty is breached, it entails different consequences.
The three primary types of warranties are:
Express Written Warranties
When a new or used product has an express written warranty, the consumer has the legal right to rely on the promises that it entails. These express guarantees often include the seller’s description of the product at the time of purchase.
For instance, an express written warranty on an automobile might say that the vehicle is free of defects. Consumers should be able to rely on these explicit promises.
Also, these warranties may contain a guarantee by the manufacturer or seller to maintain the product’s function for a certain time. For example, many express written warranties include a promise to replace faulty parts or repair the product if needed.
The type of product will influence the reasonable time for repair under warranty. Some companies take far too long to repair the products that are under their warranties.
If this has happened to you, speak with a skilled legal representative. You may be able to file a valid claim if the manufacturer or seller breached an express written warranty.
The knowledgeable lawyers at Morgan & Morgan have the skills and experience to effectively fight for the rights of consumers.
Express Oral Warranty
When a retailer provides an oral description of a product’s capacity or features, this qualifies as a warranty. For instance, an automobile salesperson might say any of the following:
- The tires on the vehicle will last 20,000 miles
- This vehicle has no defects
- The transmission will last at least ten years
- We will handle all repairs for the first year
Any promises that are made that influence the buyer to purchase the product qualify as an express oral warranty. When these warranties are breached, consumers have the right to pursue a claim against the promise provider.
Express oral warranties are valid even if there is an additional, more limited, written warranty. If a seller promises you a reasonable time for repair under warranty, you can hold them accountable if they break that promise.
However, you will need to prove that the seller made the guarantee. This can be difficult when the guarantee is only made verbally, rather than in writing.
If you were promised a reasonable time for repair under warranty and did not receive it, speak with one of the legal professionals at Morgan & Morgan. Our lawyers understand how to build the strongest cases possible in favor of our clients.
For most consumer retail products, there is an implication that the product will function in the ways that it is intended. This is true, even if there is not an express warranty stating as much.
For instance, consumers should be able to trust that a watch will tell time accurately. A car tire should hold air reliably. A dishwasher should clean dishes.
This implied guarantee exists regardless of the presence of other oral or written warranties. An implied guarantee does not entail that the seller or manufacturer will take any action if the product breaks or fails.
In other words, an implied warranty does not guarantee repairs to a faulty product. But it is important to understand that implied products exist regardless of other statements by the seller.
For instance, some products come with a “warranty disclaimer.” Oftentimes, these printed notices claim that there are no warranties other than the express written warranty.
These disclaimers may also claim that there are no warranties for the product. Still, if you believe an implied warranty has been breached, it is important to speak with an attorney.
The knowledgeable attorneys at Morgan & Morgan have plenty of experience in these types of cases. Reach out to our offices to secure the most reliable legal representation available in the U.S.
Following a Breach of Warranty
If you believe that a warranty has been breached on a product you purchased, it is important to contact the seller or manufacturer. You should contact the relevant party in writing to state your claim.
Make sure to keep a copy of the letters that you send. In many cases, you will need to allow them a reasonable amount of time to repair or replace the faulty product.
The amount of time that is considered “reasonable” for repairs or replacement will depend on the nature of the product. In most cases, thirty days is considered to be a reasonable time for repair under warranty.
If the company fails to address the problem, you may have a valid claim for small claims court. It is important to remember that you will not have legal representation in small claims court.
When a breach of warranty has occurred in relation to a costlier product or has caused damage to you, you may need to file a civil claim. The skilled legal professionals at Morgan & Morgan will review the facts of your product warranty case. We will help you to determine the best path forward.
Proving a breach of warranty can be difficult if the promises were made orally. Still, a knowledgeable attorney at Morgan & Morgan can take the following actions to build the strongest case possible for you:
- Draft and submit required paperwork
- Ensure that all deadlines are met
- Negotiate forcefully on your behalf
- Collect evidence to prove breach of warranty
- Review express written warranties that apply
- And more
You should not bear the costs from a faulty product or a breach of warranty. Reach out to a skilled warranty attorney to pursue the financial compensation that you may be entitled to.
Consequential and Incidental Damages
In some instances, a warranty breach can have costly or dangerous effects. For instance, suppose that you bought a refrigerator with a warranty. If the refrigerator does not maintain an appropriate temperature, the food inside may spoil.
In other words, the cost of repairing the refrigerator is not the only loss that resulted from the warranty breach.
In states with robust consumer protection statutes, you may be able to pursue financial recovery for consequential damages. This is especially true if you were injured because of a breach of warranty.
For instance, suppose that you bought car tires that came with a 20,000-mile warranty. If one of the tires blows out on an interstate and causes you to crash, you may be able to recover damages for the cost of a resulting injury.
This may include:
- Current medical costs and expenses
- Anticipated future medical care
- Resulting property damage
- Lost income due to missed days of work
- Decreased earning potential
- Pain and suffering
- Mental distress
- And more
To accurately calculate the value of your claim, it is vital to consult with a seasoned legal expert. The team at Morgan & Morgan has decades of experience calculating the value of product liability and personal injury claims.
You should never have to settle for an inadequate settlement. Make sure to hire America’s largest tort law firm to recover the full amount that you are due.