What is an "express warranty"?

An express warranty is a clearly stated guarantee by a seller of a product that a product will perform in a certain manner. It is distinct from an implied warranty, which is imposed by the law even when not clearly stated. In many cases, both an express warranty and implied warranty will apply. 

Understanding an Express Warranty

Almost every consumer has encountered an express warranty at some point in his or her life. When you purchase a TV, an appliance, a car or a computer, it usually comes with a warranty. The warranty will guarantee that the product will be free from defects, or free from a particular defect, for a set period of time. If the item doesn't perform as promised during that period of time (through no fault of your own) then whomever provided the warranty (the manufacturer, the seller, etc.) is going to have to make good on it by either replacing your defective item or fixing it to working order. 

However, while you're probably familiar with this type of written express warranty, that is not the only example of an express warranty. An express warranty may also be created orally or may even be created by an advertisement. Further, an express warranty may not just guarantee against defects, but may also be a guarantee as to the type or character of item provided.

There is, however, a difference between an express warranty and an opinion or "sales talk". Claiming that a car "purrs like a kitten" is not considered an express warranty, however, claiming that it has a six cylinder engine is.

Getting Help

If you believe you have purchased a product and that there are defects or parts that do not meet the terms stated in the express warranty, it is in your best interests to consult with a lawyer to find out what legal recourse you have.