Express Warranty

In one sentence

A clear, direct promise about a product's quality, performance, or characteristics.

Plain English

An express warranty is a straightforward promise made by a seller about what a product will do or what condition it's in. It can be written or spoken, and it's created by the seller's specific statements, descriptions, or demonstrations. If the product doesn't live up to this promise, the buyer can sue for breach of warranty.

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Example

A laptop manufacturer's box states 'This computer includes a 3-year hardware warranty.' That printed promise is an express warranty. If the hard drive fails after one year, the manufacturer must repair or replace it under that warranty.

Used in a sentence

“The appliance store's express warranty guaranteed the refrigerator would maintain proper temperature for five years.”

Related terms

Implied Warranty

An unspoken legal guarantee that a product is fit for its ordinary purpose and of acceptable quality.

Material Fact

A fact that significantly affects a party's rights, obligations, or decision-making in a contract.

Actual Breach

Failure to perform a contract duty on or after the date performance is due.

Perfect Tender Rule

A seller must deliver goods that exactly match the contract terms or the buyer may reject them.

Material Breach

A significant failure to perform a contract obligation that defeats its core purpose.

Entire Agreement

A clause stating that the written contract contains the complete and final agreement between the parties.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.