Warranties are common in the sale of goods.  Warranties can be explicitly stated or implied.  Likewise, warranties can be waived by the parties. Therefore, parties are likely to have claims or counterclaims to assert when they receive defective goods, which do not perform according to representations made about them in the contract. 

Express warranties are created when the seller affirms a fact or promise to the buyer, which relates to the goods and becomes part of the basis of the deal.  In that case there is an express warranty that goods shall conform to the affirmation/ promise.  Any description of the goods that is made part of the basis of the deal creates an express warranty that the goods will conform to the description.  Any sample or model, which is made part of the basis of the deal also creates an express warranty that the goods will conform to it.

Additionally, the Ohio Revised Code creates an implied warranty for all goods. A warranty of merchantability is automatically implied in a contract for the sale of goods if the seller is defined as a merchant with respect to goods of that kind, unless the warrant is excluded or modified.. The implied warranty is that the goods provided are fit for the ordinary purposes for which the goods are used. The implied warranty of merchantability can be excluded or modified by mentioning merchantability and conspicuously stating “there are no warranties,” “as is,” or “with all faults.”. One example of an implied warranty is that Toshiba copiers are fit to copy documents.

An implied warranty that the goods are fit for a particular purpose applies when the seller knows the particular purpose for the goods and that the buyer is relying on seller’s knowledge to select or furnish suitable goods. In that case, there is an implied warranty unless it is specifically excluded or modified.  An example of this type of implied warranty is that a Toshiba copier that was customized to fit the business’s copying and scanning needs will perform those functions.

The attorneys at Dworken & Bernstein routinely handle claims relating to warranties and will evaluate and advise whether a party has a claim or a defense related to a warranty.

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