The Online Asbestos, Asbestos Cancer, & Mesothelioma Authority
Breach of Warranty
If you have ever purchased shoddy goods that did not match your expectations according to the prospectus, you are probably familiar with this situation. When a product or a service fails to conform to the promises made by the seller, this is said to constitute a breach of warranty. Even if there was no negligence involved on the part of the seller, s/he may still be liable for breach of warranty if the product or service fails to meet the buyer's reasonable expectations according to its description.
Reputable manufacturers and service providers generally provide a written warranty when the product or service is sold. A warranty typically states that a product or the results of a service will last for the duration of a specific period, i.e. twelve months from the date of purchase, and should it prove defective within that time, the manufacturer or service provider will correct the defect free of charge, or for the cost of materials only.
If a product or service fails after the warranty expires, the purchaser is responsible for repairing any defects unless it can be proven that such a defect existed at the time of sale - regardless of whether or not the seller was aware of such a defect.
Should the seller refuse to honor a valid warranty, the purchaser should be aware that there is a statute of limitations for filing a legal complaint. This varies from one state or province to another, but essentially, it means that you must file a complaint within a certain amount of time in order to hold a seller liable for breach of warranty and seek a legal remedy.
If a defect causes personal injury, seller or manufacturer liability may go beyond the stated warranty period if it can be proven that the defect was due to negligence.