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  • 16. April 2021

    Which Of The Following Types Of Warranties Is A Specific Agreement Created

    The CISG (Article 35) states that „the seller must deliver goods that present the quantity, quality and description required by the contract and are contained or packaged according to the terms of the contract. [And] the goods must possess the characteristics of the goods that the seller has accused the buyer of as a model or model. Most consumer purchases are subject to unspoken guarantees for goods. This means that the product works with any warranty. For example, a vacuum cleaner does not produce enough suction to clean the average carpet and violates the tacit warranty. Another example is that if you buy a refrigerator that has an unspoken guarantee that the refrigerator will work as expected. If the refrigerator does not cool properly, the manufacturer does not have an explicit warranty, but the tacit warranty would continue to take effect. While most businessmen easily understand the concept of explicit guarantees, there is a reluctance to fully grasp the power of implicit guarantees. There is, of course, a feeling that one should not be responsible for a promise that has never been made. Explicit guarantees are created because they are part of the contract on which the sale was made.

    Providing explicit guarantees does not exclude unspoken guarantees. Where explicit and implicit safeguards exist, they should be interpreted to be compatible and cumulative where such a design is appropriate. In the event that explicit and tacit guarantees cannot be interpreted as consistent and cumulative, an explicit guarantee applies through a tacit guarantee of the purpose of the sale, except in the case of a tacit guarantee of adequacy for a specific purpose. After years of debate over the extension of the federal safeguards regulation law, Congress passed the Magnuson-Moss Federal Trade Commission Warranty Improvement Act (better known as the Magnuson-Moss Act) and President Ford signed it in 1975. The legislation was intended to eliminate confusing and misleading guarantees, and – as Senator Magnuson said when the legislation was introduced – „buyers of consumer goods discover that their warranty can cover a portion of 25 cents, but not the $100 work costs or that there is full coverage on a piano as long as it is delivered to the factory at the buyer`s expense…. There is a growing need to raise consumer awareness by making the warranty conditions clear and obvious and by informing consumers of what to do in the event of a defect or defect in their guaranteed product. The Magnuson Moss Act applies only to consumer goods (for domestic or domestic use); It is assumed that commercial buyers are competent enough not to need these safeguards, to be able to recruit lawyers and to be able to take into account the cost of product errors in the prices they charge.


    Verfasst von Stefan Oberhauser

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