Statutory warranty, express warranty, what is the diff??

Question

what is the difference, just curious

Answer 1

Express warranty includes anything in advertising or description of the product that are factual, such as a foto or specifications. If the product does not substantially conform to the express warranty, you have a breach of warranty and can claim for replacement or refund.  They didn't have to say it was "good for 30 years", but they are bound to it if said.  An express warranty cannot be effectively "disclaimed" in a contract, as where you say, "no warranty, express or implied". It's still an express warranty, regardless of what the contract says, because "fraud" (false advertising) is a tort and not a contract action.

Thus, express warranty pertains to specific goods.

Statutory warranty is a generalized consumer protection that requires all sales of goods to be of sufficient quality as those goods normally passed in the trade. They say, "personal computer", and it must function as a personal computer normally would, regardless of what else they may have said in their advertising (lasts 5 years, etc), which would be express warranties on top of statutory.

The statutory and express warranties may also have differing statutes of limitations, the time in which you must file a claim.

Compare with "extended warranty" that attaches only because a vendor agreed to "extend" the period in which the device must function properly. Nearly everything has a warranty at the time it is purchased, not including "as-is".  If a product doesn't work at the time it was sold, you have a breach of statutory warranty, If it doesn't work "as advertised" then it is a breach of express warranty. If it stops working later, you may STILL have a breach of statutory or express warranty, but would have to prove it was defective at the time you purchased it, or failed earlier than a normal product should have, unless you have an "extended warranty" and it failed in that period.

Some states require a minimum of 6 years for statutory warranty on any household consumer products (such as Massachusetts).

Answer 2

Simple.

You buy a new telly.  

Assume the contract of purchase says: this is a Sony LCD television sold for £500 [and nothing else].

That's an express warranty.  If it is not a Sony LCD telly, the supplier is in breach of the contract and you can rescind it.

However, the sale of goods Act implies a number of terms into the contract.  including one that it is fit for purpose.  therefore it if does not work at all, the supplier is in breach of the implied warranty and you can rescind.

See? - simple!