What Are Implied Warranties?

I’m David Salazar, and I was recently asked a question that I bet most of you have never asked before. Have you ever wondered what an implied warranty is? Do you even know what the repercussions of an implied warranty are?

This has to do with the topics we usually discuss on this blog or in my Facebook group and on our YouTube channel: manufacturing defects, product defects, and product recalls.

I’m assuming they were asking me that question because something happened in their life where there was a warranty and it wasn’t expressed. However, it was implied that something should have been taken care of. Let me give you an example of what I’m talking about here.


Two types of warranties

There are two types of warranties. There are expressed warranties, that is, warranties that are in writing, and implied warranties. Implied warranties are common law warranties. They’re not a federal law. Each state has a version of its own implied warranties.

An implied warranty basically states that the manufacturer or the seller assumes certain warranties whenever they sell a product to an individual. Here’s the legal definition of this.


An implied warranty

An implied warranty arises automatically under the law and there are two primary types of implied warranties. In sales transactions, there’s the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. I want to tell you about them because they’re very different.


Warranty of merchantability

Basically, there’s an implied warranty of merchantability implied in any sale by a seller who is a merchant with respect to the kind of goods sold. A merchant is a person who deals in the kind of goods sold or, by his occupation, holds himself out as having knowledge and particular skill with respect to the kind of goods sold.

Under the implied warranty of merchantability, the seller warrants a minimum reasonable level of quality in the goods sold. They’re basically saying they’re not going to sell you a shitty item on purpose, reasonably stating that the item is not going to be shitty.


Warranty of fitness

On the other hand, the implied warranty of fitness for a particular purpose is very different. In the legal field, we use the word widget. Fitness for a particular purpose is that the seller is selling you something that he or she is claiming is fit for a very specific purpose.

I’m in Texas. In the oil industry here, let’s just say, a widget is sold to clean a fracking product in a very specific manner. Well, this product, if it’s sold to this person for that particular purpose, must be able to do that or perform that particular duty. If it doesn’t, then it is a breach of implied warranty of fitness for a particular purpose. I know this is getting really nerdy as far as the legalities go.


If you have questions

My name is David Salazar. I’m basically the owner and auditor of the Safety Guardians group. If you have any questions or concerns, please ask. I will try to answer it as much as possible. And if you’ve been severely injured by a product that you believe is very dangerous, please let us know so that we can share the information with the group and potentially with the public.