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What Is an Implied Warranty?

When a consumer buys a product, it most often comes with a guarantee from the manufacturer that in the event of damage or an accident, the manufacturer will replace or repair the product. This usually comes in the form of a written document that accompanies the product. However, there are warranties that exist due to the inherent nature of the sale. Such a warrant is referred to as an implied warranty.

As with most written agreements and contracts, several types of warranties exist and subsequently, several categories of an implied warranty exist. An implied warranty works in such a way that once a consumer purchases a product, he or she expects that the product function as it should. The exception to this guarantee is when the seller makes the transaction with the point of selling the product “as is”.

Several types of implied warranties exist. One such type is referred to as merhantability. This implied warrant exists based on the premise that a buyer, upon purchase of a product, expects the product to function as advertised and can be compared to other products. For example, a telephone that allows a person only to hear the other person on the line and not allow the other person on the line to hear the person calling is considered a violation of the implied warranty. This is because a phone is expected to work both ways. Another type of implied warranty is referred to as fitness for purpose, this means that a person seeking a particular type of product through the help of a salesperson should be given the product that fits his or her needs. For example, a customer who wants snow tires should be given snow tires by the salesperson rather than another type.

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