Dictionary

Express warranty

“A specific written, spoken or demonstrated promise about a product, service or fact that becomes part of the agreement.”

Why express warranty matters to a first-time founder

Specific claims in sales copy, demonstrations or contracts can create enforceable obligations, even when nobody labels them a warranty. If reality falls short, customers may seek repair, replacement, refund or damages. Founders should ensure product claims are accurate, approved and consistent across marketing, sales and legal terms.

Examples of express warranty

A supplier states in a signed quote that its battery will retain at least 80% capacity for three years. A customer relies on that statement when buying 500 units. If the batteries fall below the promised level, the statement may support a warranty claim under the applicable contract and law.

Common misunderstanding

An express warranty is not the same as sales praise such as “excellent quality”, although the boundary depends on context and local law. It also differs from an implied warranty, which can arise automatically without a specific promise. Mandatory consumer rights may apply alongside either type.

When to use it

Review express warranties before publishing specifications, running demonstrations or signing customer terms. State measurable scope, duration, exclusions, claim steps and available remedies without making deceptive claims or attempting to waive mandatory rights. Ask local counsel to check high-value, regulated or cross-border sales.