|
In contract law, a warranty has various meanings but generally means a guarantee or promise〔Hogg M. (2011). ''Promises and Contract Law: Comparative Perspectives'', (p. 48 ). Cambridge University Press.〕 which provides assurance by one party to the other party that specific facts or conditions are true or will happen. This factual guarantee may be enforced regardless of materiality〔 which allows for a legal remedy if that promise is not true or followed. Although a warranty is in its simplest form an element of a contract, some warranties run with a product so that a manufacturer makes the warranty to a consumer with which the manufacturer has no direct contractual relationship. A warranty may be express or implied, depending on whether the warranty is explicitly provided (typically written) and the jurisdiction. Warranties may also state that a particular fact is true at one point in time or that the fact will be continue into the future (a "promissory" or continuing warranty). == Sale of goods == Warranties provided in the sale of goods (tangible products) vary according to jurisdiction, but commonly new goods are sold with implied warranty that the goods are as advertised. Used products, however, may be sold "as is" with no warranties. In the United States, various laws apply, including provisions in the Uniform Commercial Code which provide for implied warranties.〔(Warranties in Sales of Goods ). LexisNexis Study Outlines.〕 However, these implied warranties were often limited by disclaimers. In 1975 the Magnuson–Moss Warranty Act was passed to strengthen warranties on consumer goods.〔 Among other things, under the law implied warranties cannot be disclaimed if an express warranty is offered, and attorney fees may be recovered.〔(12 Reasons to Love the Magnuson-Moss Act ). ''Journal of Texas Consumer Law''. Reprinted with permission from the National Consumer Law Center.〕 In some states statutory warranties are required on new home construction, and "lemon laws" apply to motor vehicles. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Warranty」の詳細全文を読む スポンサード リンク
|