Answers to frequently asked questions about product warranties.

What's Below:

When I buy a consumer product, is it covered by a warranty?
How long does an implied warranty last?
How do I enforce a warranty if something is wrong with what I bought?
Do I have any recourse if the item breaks after the warranty expires?
I just bought a stereo system, and the salesclerk tried to sell me an extended warranty contract. Should I have bought the contract?

When I buy a consumer product, is it covered by a warranty?

Most new consumer products today are covered by a warranty. A warranty (also called a guarantee) is an assurance or promise about the quality of goods or services you buy. It's purpose is to give you recourse if something you purchase fails to live up to what you were promised.

Some warranties are implied and some are expressed, or "express."

An express warranty is a verbal or written statement that guarantees that a product is of a certain quality or will work in a certain way or for a certain amount of time. Most express warranties say something like "This product is warranted against defects in materials or workmanship" or "We will repair or replace parts that are defective in materials or workmanship" for a specified time. You are not automatically entitled to an express warranty. Most express warranties either come directly from the manufacturer or are included in the sales contract you sign with the seller. But, an express warranty may also be a feature in an advertisement or on a sign in the store (for example, "all dresses 100% silk"), or it may be an oral description of a product's features that you rely on in making your purchasing decision.

There are two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness. Virtually every consumer product you buy comes with an implied warranty of merchantability. This is an assurance that a new item will work if you use it for a reasonably expected purpose. For used items, the warranty of merchantability is a promise that the product will work as expected, given its age and condition.

The implied warranty of fitness applies when you buy an item with a specific (even unusual) purpose in mind. If you relate your specific needs to the seller, and the seller assists you in selecting the item, the implied warranty of fitness assures you that the item will fill your need. For instance, if you tell a retailer that you need a sleeping bag for sub-zero weather and the retailer sells you such as bag, it comes with an implied warranty that the sleeping bag will keep you warm in sub-zero temperatures.

Sellers sometimes try to avoid implied warranties by selling a product "as is." This isn't always successful because the seller hasn't carefully followed state law requirements for disclaiming implied warranties, and because implied warranties can't be disclaimed when there is an express written warranty.