Topic > Fitness and merchantability as two most common types of implied warranties

Warranties assure customers that the goods purchased are fit for use. In the event of tampering with the goods, the buyer has the right to repair, replacement or refund. However, 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. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original EssayAs an unspoken and undocumented promise, the implied warranty of merchantability provides the customer that the goods purchased are reasonably safe, effective and efficient to use for a reasonable period of time (USLEGAL.com). For items to be merchantable, they should conform to the commercial standards applicable to the sales contract. An implied warranty of fitness, on the other hand, constitutes a guarantee that the seller's instructions and guidelines on the use of the goods are true, reliable, correct and accurate (Miller, 2012). This warranty applies in situations where the seller has reason to know the customer's intended use of a product and when the buyer depends on the seller's advice regarding the use of the product. A purchase without a written warranty may not be covered by an implied warranty. To exclude an implied warranty, sellers may label goods using the words sold as is or with all faults. To void implied warranties, merchandisers must strictly comply with state laws. In many states, this disclaimer is set forth in writing. However, in states such as Vermont, Columbia District, Alabama, Minnesota, Washington, Connecticut, Kansas, Maine, New Hampshire, Maryland, Massachusetts, Mississippi and West Virginia, sales are not permitted. The duration of the implied warranty varies by state. Most state laws, however, provide four years of coverage (OCABR). In some states, the implied warranty is only as good as any express warranty that comes with a product.