Written Warranties.
Perhaps your contract includes the word “warranty” or, more likely, the “waiver of warranties.” You need to know what the warranty language in your agreement means. Perhaps the supposed “warranty” actually limits the rights you would have otherwise enjoyed but for the “warranty” language. Likewise, if you are a merchant, the supposed “warranty” language in your standard agreement may not fully protect your rights. It is always a good idea to speak to an attorney sooner rather than later. It can save you money down the road, ultimately.
Breach of Express Warranty.
It is relatively easy to accuse another of breaching a warranty; however, actual proof of the breach is another matter. We often ask clients: What was the agreement between the parties? What was your intent when entering into the agreement for the warranty? You need to know what law wil apply if the contract fails to contain a written warranty.
Implied Warranty.
In certain instances, there are warranties implied in agreements pursuant to Pennsylvania and federal law, even if you never discussed the prospect of a warranty with the other side. You should discuss your case with an attorney especially if your contract involves more than a few hundred dollars.
