Articles Tagged with Express Warranties

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brokenness-1-656297-mUnder products liability law in Massachusetts, a consumer has the ability to pursue a variety of claims against a manufacturer, distributor, store owner, and/or any other organization that puts a defective product into the stream of commerce. Normally, a claim for products liability is also referred to as a “breach of warranty” claim under the Uniform Commercial Code. Warranties come in two flavors: express and implied.

An express warranty arises from any affirmation, fact, or promise made by the seller to the buyer that relates to the goods. Under the Uniform Commercial Code, express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise;

(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

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