EXPRESS WARRANTY–DEFINITION
An express warranty is a representation, statement, promise or description made in writing, orally or by any other means, by a manufacturer or seller that its product has certain characteristics or will meet certain standards.
A manufacturer or seller can create an express warranty without intending to make a warranty, or without using words such as “warranty” or “guarantee.”
EXPRESS WARRANTY–DEFINITION
An express warranty is a representation, statement, promise or description made in writing, orally or by any other means, by a manufacturer or seller that its product has certain characteristics or will meet certain standards.
A manufacturer or seller can create an express warranty without intending to make a warranty, or without using words such as “warranty” or “guarantee.”
As an example, a warranty may be created when the purchaser is shown or is demonstrated a model or sample of the item being purchased. Under such a situation, an express warranty that the item will conform to the model or sample, and will perform as the model or sample performs, is created.
EXPRESS WARRANTY–BURDEN OF PROOF
The Plaintiff has the burden of proving that:
a. Defendant expressly warranted the product in one or more of the ways claimed by the Plaintiff;
b. the product did not conform to the warranty at the time of sale or within the time period covered by the warranty;
c. Plaintiff notified Defendant of the nonconformity within a reasonable time after Plaintiff discovered or should have discovered the nonconformity;
d. the Defendant failed to cure the nonconformity within a reasonable time after receiving notice;
e. as a result of the nonconformity, Plaintiff sustained a loss or damages.
Your verdict will be for the Plaintiff on this claim if you decide that all of these elements have been proved.
Your verdict will be for the Defendant on this claim if you find that any one or more of these elements has not been proved.