Fitness and Merchantability as Two Most Common Types of Implied Warranties

Warranties assure customers that the goods they purchase are and fit for use. In case the goods are tampered with, the buyers are entitled to receive repairs, replacement or refunds. Nevertheless, warranties are of two types: express and implied warranties. Express warranties are written while implied warranties are unwritten (Miller, 2012). The two most common types of implied warranties are of fitness and merchantability.

As an unspoken and undocumented promise, the implied warranty of merchantability provides an assurance to the customer that goods purchased are reasonably safe, effective and efficient for use over a reasonable time period (USLEGAL.com). For items to be merchantable, they ought to conform to the standards of trade as applicable to the sale contract. An implied warranty of fitness, on the other hand, constitutes a guarantee that the seller’s instructions and guidelines on the usage of goods are truthful, reliable, correct and accurate (Miller, 2012). This warranty applies in situations when the seller has a reason to know of the intended use of a product by the customer and when the buyer depends on the vendor’s advice concerning the usage of the commodity.

A purchase without a written warranty may not be covered under implied warranty. To disclaim an implied warranty, sellers may label goods using the words sold as is or with all faults. To negate implied warranties, merchandisers should strictly adhere to state law provisions. In many states, this disclaimer is indicated in writing. However, in states such as Vermont, Columbia District, Alabama, Minnesota, Washington, Connecticut, Kansas, Maine, New Hampshire, Maryland, Massachusetts, Mississippi and West Virginia, as is sales are not permitted. The duration of implied warranty varies in different states. Most state laws, however, provide for four years of coverage (OCABR). In some states, implied warranty lasts only as any express warranty that comes with a product.