What is an express warranty in defective products law?
An express warranty in defective products law is a promise made by the manufacturer or seller that a product will perform as stated. It is usually included in the product’s materials or literature, such as the product’s manual or warranty card. It is a guarantee that the product will meet certain criteria and function as advertised. In West Virginia, an express warranty gives customers the right to return the defective product and receive a refund or replacement. It also gives the consumer the right to seek damages if the product fails to meet the warranty terms. Express warranties must meet certain criteria to be legally enforceable in West Virginia. To be valid, the warranty must be in writing, clearly state the terms of the warranty, and name the party issuing the warranty. In addition, the warranty must identify the product that it covers and the period of time the warranty is good for. This may include how long the product should last, any limitations, exclusions, or restrictions. Finally, the warranty must also clearly state the remedies that are available to the consumer if the product fails to meet the terms of the warranty.
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