South Carolina Warranty & Guaranty Attorney
Serving Columbia, Greenville, and Charleston SC, and other locations

We are not a "consumer law firm," we are a business law firm. Contact an attorney with our law firm today to draft or review a warranty, or to answer warranty related questions for your business.

Every business should be amply familar with federal, state, and common law warranty rules. A warranty is generally a seller's promise to correct a problem, or replace a product, when the product fails. Most broadly speaking, there are two types of warranty:

Implied warranties
Implied warranties are unspoken and unwritten and are inferred by common law, running from the seller to the customer. Where consumer product transactions occur, courts generally imply two warranties:

• Implied Warranty of Merchantability
  A seller's implied promise that the goods sold will do what they are supposed to do consistent with their ordinary purpose.
• Implied Warranty of Fitness for a Particular Purpose
  An implied promise that a customer can rely on the advice of a seller with regard to the use of a good for some specific purpose.

Express warranties
Warranties voluntarily are offered to customers in the course of making a sale regarding a product (or a remedy for a product) explicitly made whether orally or in writing.

Written warranties made for consumer products are also governed by the Magnuson-Moss Warranty Act. The Magnuson-Moss Warranty Act is federal law and requires manufacturers and sellers of consumer products to provide consumers with certain information about warranty coverage and the rights and obligations of the parties.  The Act requires written warranties on goods over a certain price to have a title that says the warranty is either "full" or "limited." Generally, a warranty is "full" if the manufacturer or seller"

• Does not limit the length of time for implied warranties
• Warranty service is provided to anyone who owns the good or product during the warranty period, not limiting the warranty to the original purchaser only
• Warranty service is provided free of charge, including costs associated with shipping or replacing the good or product
• The consumer is offered the option of a replacement or refund if the good or product cannot be repaired after a number of reasonable tries by the manufacturer or seller
• The consumer has no duty to take any action other than to notify the manufacturer or seller that warranty services are needed, unless such action is reasonable
  

If any of the above listed items are not true, then the warrany is generaly "limited."

Importantly, an warranty does not have to be entirely "full" or "limited" if the above items are true about warranty coverage on only some parts of the product, or if the times are true during only part of the warranty period, then the warranty is part "full" and part "limited."

Most state jurisdiction also have statutory laws governing warranties and guarantees.

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Small Business Law Firm of Payne & Associates, LLC
Serving South Carolina: Columbia, Charleston, Greenville, SC and other locations