Breach of Warranty? Why You’ll Want a Lawyer
Manufacturers and sellers of products often guarantee a
certain level of quality for the product. This guarantee is known as a
warranty. Companies are legally required to restore a consumer to a position
that he or she would have enjoyed before the purchase of a product that is
later determined to possess a defect covered by a warranty.
The Uniform Commercial Code outlines the following warranties:
- Express Warranty – a promise by the seller a product will perform in a certain manner. This pledge from a seller can be made through a product description, a sample of the product, or a verbal affirmation to the consumer from the seller.
- Implied Warranty of Merchantability – a guarantee a product is suitable for its intended purpose. An implied warranty is relevant regardless of any other written or verbal warranties given.
- Implied Warranty of Fitness – extends the implied warranty of merchantability to product usage beyond those intended by manufacturers. This becomes applicable when a seller understands a customer is purchasing a product for a particular use.
- Lifetime Warranty – Typically a lifetime warranty covers the time a product is active in the market. The warranty will become void when the item is taken off the market or discontinued. Lifetime warrants often apply only to the original owner and will also become void if the product is sold or given to a second owner.
Breach of Warranty
A warranty is breached when a promise made by the seller or manufacturer is proven untrue or is broken. The UCC invalidates a breach of warranty claim under the following circumstances:
- The warranty is expired.
- The particular defect or part malfunction is uncovered by the warranty.
- The problem with the product is caused by misuse.
- The warranty claim is from someone other than the original owner of the product.
Breach of Warranty Attorney
Individuals who have purchased a product which did not fulfill warranty obligations should contact either the seller or manufacturer immediately. When a company refuses to stand by the warranty offered to customers, it may be necessary to seek legal redress.
Individuals in the Gurnee, Illinois area with a breach of contract complaint should not seek to handle this complicated legal matter on their own. It is better to trust in the services of a skilled Gurnee IL warranty attorney like Attorney Robert Tomei of Tomei Law.
If you or someone you know has suffered from a breach of contract from a merchant or manufacturer and is in need of a Gurnee IL warranty attorney, call Attorney Robert Tomei at 847-596-7494. The Tomei Law Firm can also be contacted by email at firstname.lastname@example.org.