What are the four types of warranties?


Editorial team Published on

The four primary types of warranties under the Uniform Commercial Code (UCC) for the sale of goods are the express warranty, the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, and the implied warranty of title.

1. Express Warranty

  • Definition: An explicit promise or guarantee made by a seller or manufacturer—either verbally, in writing, or through a product sample—regarding the quality, description, or performance of a product.
  • Example: A label stating a flashlight is "waterproof up to 10 feet" or a salesperson demonstrating that a saw cuts through metal.

2. Implied Warranty of Merchantability

  • Definition: An unwritten, automatic guarantee by law that a product is fit for its ordinary, intended purpose. It applies only when the seller is a merchant who deals in those specific goods.
  • Example: A newly purchased blender is expected to successfully blend food items.

3. Implied Warranty of Fitness for a Particular Purpose

  • Definition: An automatic guarantee that applies when a seller knows the buyer is purchasing a product for a specific, non-ordinary use, and the buyer relies on the seller’s expertise to select the right item.
  • Example: A customer asks an employee for a jacket rated for sub-zero arctic conditions, and the employee recommends a specific model.

4. Implied Warranty of Title

  • Definition: An automatic legal assurance that the seller legally owns the item, has the right to sell it, and that the product is free of any hidden liens, encumbrances, or competing copyright/patent claims.
  • Example: Buying a used car from a dealership comes with the legal guarantee that the dealer actually owns the vehicle and it is not stolen or secretly tethered to an undisclosed bank lien.