Express Warranties: Promises the Seller Must Keep
What Is an Express Warranty?
An express warranty is a specific promise or guarantee made by a seller about the quality, condition, or performance of goods or services. Unlike implied warranties that arise automatically by law, express warranties are affirmatively stated — in the contract, in advertising, through samples, or verbally.
Under UCC Section 2-313, an express warranty is created when a seller makes an affirmation of fact or promise, provides a description, or shows a sample that becomes part of the basis of the bargain.
How Express Warranties Are Created
- Written statements in the contract — "This equipment will operate for at least 10,000 hours without failure."
- Product descriptions — "Waterproof to 100 meters" in a product listing.
- Samples or models — If a seller shows you a sample and the delivered goods must conform to it.
- Advertising claims — Specific factual claims in marketing materials (not mere puffery like "best in class").
- Verbal promises — Statements made during negotiations, though these can be harder to prove.
Express Warranty vs. Puffery
Not every seller statement creates a warranty. General praise or opinions — "This is an excellent product" or "You'll love it" — are considered puffery and are not enforceable. Express warranties require specific, verifiable claims about the product's characteristics or performance.
What Happens When an Express Warranty Is Breached
If the goods or services do not match the express warranty, you may be entitled to:
- Repair or replacement of the defective item
- Refund of the purchase price
- Damages for losses caused by the breach
However, check the contract for remedy limitations — many sellers limit available remedies to repair or replacement only.
Watch for These Contract Terms
- Clauses that disclaim "all warranties, express or implied"
- Sections limiting remedies to repair or replacement
- Integration clauses stating the written contract is the entire agreement (which may exclude verbal promises)
When to Consult a Lawyer
If a product or service fails to meet specific promises made by the seller, consider consulting an attorney. Express warranty claims can be powerful, but contract terms may limit your remedies.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.