Express Warranties

An express warranty is a statement–written, oral, or by demonstration–concerning the quality or performance of goods of­fered for sale that becomes a part of the bargain between the parties. For example, if a salesperson tells you «This TV will not need any re­pairs for five years», this salesperson has created an express warran­ty. Similarly, an express warranty is created if you purchase a vacuum cleaner from an appliance store after seeing a demonstra­tion of the vacuum picking up small particles from a deep shag rug. Since oral warranties and warranties by demonstration are difficult to prove, it is always best to get a written warranty.

Express warranties are created by statements of fact. Not every­thing a seller says is a warranty. If the seller’s statement is merely an opinion or an obvious exaggeration, it is considered puffing, or sales talk, and cannot be relied on. For example, a used car dealer advertising «Fantastic Used Cars» is engaged in puffing. No warran­ty is created, and no customer should rely on such a statement.

What happens if your TV blows a tube or your watch won’t keep time? The first thing to do is check the warranty. One TV may be guaranteed for 90 days, while another may be covered for a full year. Your warranty may provide a remedy when things go wrong. You may be able to return the item for a refund, exchange it for another, or have it repaired.

Sellers do not have to give written warranties. However, if they do, the Magnuson–Moss Warranty Act requires that the written war­ranties (1) disclose all the essential terms and conditions in a single document, (2) be stated in simple and easy–to–read language, and (3) be made available to the consumer before a sale. Written warranties must also tell you exactly what is included and what is not included. For example, the warranty must explain what repairs are covered and who will make them. The warranty act does not apply to prod­ucts that cost $15 or less.

Under the act, warranties are labeled either full or limited. Under a full warranty:

· A defective product will be fixed or replaced free, including removal and reinstallation, if necessary.

· The consumer will not have to do anything unreasonable (such as shipping a piano to a factory) to get the warranty service.

· The product will be fixed within a reasonable time after the consumer complains.

· If the product can’t be fixed after a reasonable number of attempts, the consumer can get a refund or a replacement.

· The warranty applies to anyone who owns the product during the warranty period (not just the first purchaser).

Any protection less than this is called a limited warranty. Such a warranty could cover some defects or problems and not others. For example, the limited warranty on a video recorder might cover the cost of new parts but not labor. Or it might cover some parts but not others. To learn what is covered, read all of the warranty carefully.

Find the equivalents of the following words and expressions
in the text.

Гарантия; действовать согласно обязательствам; невыполнение гарантийных обязательств; знать о существующих гарантийных обязательствах; продолжительность гарантийного периода; возмещение; прямая гарантия; связанная гарантия; очевидное преувеличение; торговец подержанными автомобилями; отремонтировать бесплатно; переустановить; получить назад деньги; заменить товар; ограниченная гарантия.

Answer the questions:

1. What is a warranty?

2. What happens if the seller does not live up to the promises made in the warranty? Have you ever come across such situations?

3. Why should you al­ways be aware of the warranties that exist when you make a pur­chase?

4. What should you consider when you look at a warranty?

5. What two types of warranties are there?

6. What is an express warranty?

7. Why is it always best to get a written warranty?

8. Is every­thing a seller says a warranty?

9. What is the difference between a warranty and a sales talk?

10. What is the first thing to do when something goes wrong with an item you purchased?

11. What does the Magnuson–Moss Warranty Act require? Do we have any acts like this in Russia?

12. What is the difference between a full and limited warranty?

13. Give your own examples of different warrants you have read.

Problem–solving:

Read and evaluate the one–year limited warranty and answer the following questions.

a. Who is making the warranty? Who will make any repairs – dealer, service center, manufacturer, or independent repairer?

b. How long is the warranty in effect? Does the buyer have to do anything to make the warranty effective?

c.What is covered – the entire product or only certain parts? What is promised – repair, replacement, labor, postage? Are there any limitations or exclusions? Is this a full or a limited warranty? Why?

One–Year Limited Warranty

Electro Toasters fully guarantees this entire product to owner against defects in material or workmanship for one year from purchase date.

Defective product may be brought or mailed to purchase place, authorized service center, or Service Department, Electro Toasters, Inc., 3^rd & Maple Streets, Arlington, PA 15616, freight prepaid, for free repair or replacement at our option.

Warranty does not include cost of inconvenience, damage due to product failure, transportation damages, misuse, abuse, accident, or commercial use.

For information, write Consumer Claims Manager at above Arlington address. Send owner’s name, address, name of store or service center involved, model, serial number, purchase date, and description of problem.

This warranty gives specific legal rights. You may have other rights that vary from state to state.

This warranty becomes effective upon purchase; Mailing the enclosed registration card is one way of proving purchase date but is not required for warranty coverage.

Match the words on the left with the correct definition
on the right:

Warranty	be informed.
Breach	how long it lasts.
Be aware	break.
Duration	promise or guarantee made by a seller concern­ing the quality or performance of goods offered for sale.
Scope	what you get under the warranty and what you must do to get it.
Remedy	a statement–written, oral, or by demonstration – concerning the quality or performance of goods of­fered for sale that becomes a part of the bargain between the parties.
express warranty	a warranty that covers some defects or problems and not others.
limited warranty	what parts or problems are covered or excluded.