Most consumer purchases are covered by a warranty, even if it is not expressly stated as such. The two main types are express and implied warranties. An explicit warranty is a warranty that is clearly stated (or ”expressed”) orally or in writing, while an implied warranty automatically covers most consumer goods valued above a certain amount, but offers only a basic level of protection to consumers. The Convention (Article 35) provides that ”unless otherwise agreed, the goods sold shall be suitable for the purposes for which goods of the same description would normally be used”. Read 3 min Section 2-316(2) UCC allows Seller to refuse or modify the implied warranty of merchantability as long as the statement actually mentions ”merchantability” and, if written, is ”visible.” Please note that the disclaimer does not need to be in writing and, again, all implied warranties set forth may be excluded. For example, if you choose to purchase a toaster with a one-year warranty against defects, this is an explicit warranty that requires the manufacturer to repair or replace the item if it is defective. The express warranty does not mean that it must be in writing. Verbal guarantees are also valid. Most consumer purchases are covered by warranties, even if they are not specifically mentioned. Under the law, there are two types of warranties applied through the Uniform Commercial Code (UCC): express and implied. For it to apply, the seller must be ”a merchant in respect of goods of this type”.
That is, the seller must be a person who regularly trades in such goods or who can be considered an expert or a person with ”knowledge or skills inherent in the practices or goods” by reason of his profession or the use of an agent, broker or other intermediary to whom knowledge or skills can be attributed. An explicit warranty can take different forms, whether oral or written, and is essentially a guarantee that the product will meet a certain level of quality and reliability. If the product breaks down in this regard, the manufacturer will repair or replace the product at no additional cost. .