What are product warranties?

Product warranties are promises the seller makes related to factual circumstances regarding the goods sold. In a warranty, the factual promise is supported by a duty to make the buyer whole if the asserted fact is wrong.

Warranties may be express or implied. Express warranties are created by a writing or by actions of the seller, and become the basis of the bargain; i.e. by an affirmation, promise, description of the goods, providing specifications, or providing a sample. Implied product warranties are warranties that are neither bargained for nor stated in the contract, but are implied by law unless specifically disclaimed. The Pennsylvania UCC provides for certain implied warranties, but additional implied warranties may be created by the course of dealing between the parties or trade usage. As to implied warranties arising from the course of dealing, the focus is on the conduct of the parties with respect to prior experiences with each other. With regard to trade usage, whether a warranty is implied focuses on what is typical in the industry in which the buyer and seller are engaged.

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