Talk:Warranty

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I would be interested to have someone discuss the difference between Representations and Warranties. Some contracts have a "Representations and Warranties" section, others only have "Warranties". I don't understand why. Thanks. [I have added a section on Representations and Warranties and have distinguished between the two with examples. jeisenberg.]

Contents 1 Guarantee Redirect 2 Start of Warranty 3 What exactly is a lifetime warranty? 4 US-centric? 5 manufacterers? 6 transfer of warranty

[edit] Guarantee Redirect

A guarantee is not the same as a warranty.

A person may warrant that information he says is true, and if it is not true, then he is liable for damages caused from others relying on it being true. The person's statement is a warranty.

A person may guarantee that another person will perform an obligation, and if that other person does not perform the obligation, he is liable to perform that obligation (e.g. pay money), or to pay damages resulting from non-performance by the other person. The person giving the guarantee is called the guarantor.

In the case of manufactured goods, the manufacturer can give a guarantee that seller of the goods will replace or refund the goods if they don't perform to the terms of the guarantee, and the seller of the goods can give a warranty that the goods will perform to some standard. I've heard there were some problems with enforcement of warranties and guarantees due to lack of privity of contract, but I can't see how this problem cannot be resolved -- the manufacterer is, in effect, holding out an offer to the whole world, that any buyers who buy the goods from any sellers will benefit from the terms of the offer, and the buyers accept the contract by buying the goods.

I'm not sure why the spellings differ at the end of the word or even if I have the right understanding of all this.

But there should be a separate article on financial guarantees, which are used in banking and finance to provide a further avenue for recovery of money when the principal borrower defaults. —Preceding unsigned comment added by 219.89.10.126 (talk) 08:42, 7 November 2007 (UTC)

[edit] Start of Warranty

If the buyer is witholding payment of outstanding balance is the warranty in place or does the warranty start on the day the goods were deliverered? [Generally a warranty is effective upon sale and payment is considered a different subject, subject to credit and collection; however a seller may have an offset for nonpayment against its warranty obligations so consult a lawyer. jeisenberg]

The warranty effective period is the period as stated in the contract.

A warranty policy could be written to state that the warranty is not in effect, until the product has been fully paid for. Or it might simply state, Upon Delivery, in which case, payment is not an issue.

[edit] What exactly is a lifetime warranty?

The term shows up everywhere, but it's not clear what it means in general. Is there an accepted legal meaning for a lifetime warranty? (and is it 'the lifetime of the article', or 'the lifetime of the owner'? njh 23:23, 25 February 2006 (UTC) [a lifetime warranty should be good for the buyer's lifetime; "lifetime" ties to life of a product would beg the question of what the life is -- if it fails in 12 months was that the product's life? jeisenberg]

Lifetime warranty is being misused by many manufacturers and brand specially in the computer and technology business where the life of a product is very short. No brand offering lifetime warranty in their web sites clearly give a definition of what is the actual meaning of the term "lifetime warranty ". According to me it basically means the life of the product, if the product is no more being manufactured then the warranty is over. As such if in Nov 2006 a customer buys DDR1 Memory Module then the expected warranty period will not last 6 months also as DDR2 will become mainstay and DDR1 Production would be no more.

[edit] US-centric?

The article is good, but it seems somewhat targetted at the American system. Perhaps some comparison between various systems in place in different countries would be in order? [I'll add something on this. jeisenberg]

what is difference between guarantee and warranty? [not much: guarantee is more generic, warranty is more specific and has specific legal connotations. jeisenberg]

Really, this should be titled Warranty in the U.S.A. The whole concept can vary a lot (this is somewhat explaned in the article). Especially the examples about cars and homes don't apply at all in Europe.82.181.150.151 18:51, 4 February 2007 (UTC)

[edit] manufacterers?

Don't know why it is bold and why the spelling seems off. It doesn't really fit in, either. Is this a UK/US issue?Kaw in stl 21:53, 26 June 2007 (UTC)

[edit] transfer of warranty

could someone expound on how warranty transfer works, it's legal implications, etc. for second hand items. -- Bubbachuck (talk) 21:14, 11 April 2008 (UTC)

Heh, I actually came to this page hoping for some clue as to that exact question. I know some companies don't disallow it (NEC, for example) whereas other companies write warranties specifically stating that it only applies to the original purchaser; Microsoft for the Xbox360, for example here...as I'm discovering to my dismay, on the phone with customer service right now. However, even their warranty mentions "[h]owever, some jurisdictions extend the protection of implied warranties to subsequent consumers and therefore this limitation may not apply to you." So, likely part of the reason for a lack of reply to your question is that the answer varies based on where you reside and the precise terms of the actual warranty itself. Phil Urich (talk) 22:24, 2 May 2008 (UTC)