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Understand the types of warranties that may apply to products Recognize the differences between express and implied warranties Understand the differences between full and limited warranties Understand what it takes to disclaim (eliminate) warranties
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A promise or guarantee made by a seller about the quality or performance of goods for sale Important factors to consider: Duration—how long? Scope—what does it cover? Wider or narrower is better? Remedies—what must the seller do?
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Written or oral statement or demonstration concerning quality or performance of goods or services Oral and demonstrative representations are hard to prove Are all statements about a product warranties? NO! Some are “puffing.” Puffing is “sales talk” (general statement, often exaggerated).
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Does not require a written warranty be given. However, if one is given, it must comply with M-M. Why do we have M-M? Requirements: (1) all terms/conditions in one document (2) simple/easy to read language (3) available to consumer prior to sale (4) what is covered
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M-M requires a “full” warranty to do the following: (1) repair/replace defective product at no cost (2) no unreasonable obligation on consumer (3) fixed within a reasonable time (4) fixed after reasonable number of attempts (otherwise, refund or replacement) (“lemon law” provision) (5) applies to all owners during warranty period (not just first buyer) Most warranties are limited Discuss answers to problem 24.1 on p. 283 at your table then share.
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An unwritten promise created by law that a product will do what it is supposed to do Applies only to merchants, not “casual” sellers. EXCEPT TITLE! Three types: (1) merchantability—average quality for the type of item (2) fitness for particular purpose—if seller knows of a unique need and represents the product meets that need, F/PP applies (3) title—seller warrants ownership of the goods. TITLE APPLIES TO CASUAL SELLER
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Disclaimer: an attempt to limit seller’s responsibility should anything go wrong. Sellers may disclaim implied warranties using “as is” or “with all faults” in an obvious way for consumer to see. Remedies may also be limited, e.g., “Seller’s liability under this warranty shall be limited to repair or replacement of the item.” What is not included in that situation?
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Prepare to act out your assigned scenario from problem 24.2 on p. 287. Take volunteers from you colleagues to answer the questions: Was a warranty created? What type of warranty was it? Was the warranty broken? Explain the correct answers to your colleagues
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Complete practice test for Chapter 24: http://www.glencoe.com/qe/qe143.php?qi=4 534
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