1. Warranties Chapter 23

2. Express Warranties A seller’s or lessor’s oral or written promise in connection with a sales or lease agreement, as to the quality, description, or performance of the goods being sold or leased.

3. Express Warranties Under the U.C.C., express warranties arise when a seller indicates to the buyer that the goods conform to any affirmation or promise of fact made about the goods. “Sales talk” and matters of opinion or “puffing” are not considered warranties (includes statement of opinions and value of goods).

4. Magnusson-Moss Act No written warranty is required, but if there is it must comply. For an express warranty to be a “full warranty” it must provide unlimited repair or replacement of any defects at no charge to the consumer. Otherwise, a “limited warranty” is any warranty which does not meet all of the requisites for a full warranty.

5. Implied Warranties A warranty imposed by law or by implication or inference from the nature of the transaction or the relative bargaining positions or circumstances of the parties.

6. Implied Warranties Good Title No Liens Fitness for a Particular Purpose (These warranties apply to all sellers)

7. Implied Warranties Merchantability (Fit for Normal Use) No Infringements Prior Dealings or Trade Custom (These warranties only apply to merchants) Merchant defined under the UCC as a person who deals in the kind of good involved in the contract or a person who himself out as having a particular skill or knowledge peculiar to the practices or use of the goods

8. Disclaimers Of Warranties Waiver of Express Warranty –Any oral or written express warranty may be disclaimed by a clear and conspicuous written disclaimer which is called to the buyer’s attention at the time the contract is formed.

9. Disclaimers Of Warranties Waiver of Implied Warranty –Disclaimer must be clear and conspicuous –AS IS or WITH ALL FAULTS –Specifically mention “merchantability” if for implied warranty for merchantability *Concept of unconscionability applies

10. Other Consumer Protection Laws Door-to-Door Sales- “cooling off period” Mail order sales- must ship orders within time specified in catalog and notify if they cannot -Unsolicited sales attempts by shipping goods become gifts

11. Warranties End of Chapter 23