Express Warranty Definition

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Questions and Answers

What is the liability of the retailer under the warranty if both the manufacturer and distributor fail to honor it?

  • The retailer is subsidiarily liable (correct)
  • The retailer is directly responsible for the warranty
  • The retailer is absolved of any liability
  • The retailer can pass the liability to the consumer

What is the remedy available to the retailer if the manufacturer and distributor fail to honor the warranty?

  • Ignore the issue and wait for consumer complaints
  • Refund the consumer immediately
  • Proceed against the manufacturer or distributor (correct)
  • Increase the price of the product

What is required for a consumer to enforce their warranty rights by presenting to the immediate seller?

  • Warranty card only
  • Warranty card and official receipt along with the product (correct)
  • No documents are needed
  • Official receipt only

What period can be agreed upon by the seller and consumer for enforcing an express warranty?

<p>As long as they agree, regardless of duration (C)</p> Signup and view all the answers

If an implied warranty on merchantability accompanies an express warranty, what can be said about their duration?

<p>Both warranties have equal duration (A)</p> Signup and view all the answers

In case of breach of express warranty, what remedies can a consumer elect according to the text?

<p>Choose either to have the goods repaired or ... (continue in next line) (F)</p> Signup and view all the answers

What is the purpose of the warranty against hidden defects or quality?

<p>To render the thing unfit for its intended use or diminish its fitness (A)</p> Signup and view all the answers

In what situations can parties modify the implied warranty against eviction by the vendor?

<p>To diminish or suppress the warranty obligation (D)</p> Signup and view all the answers

When is a stipulation exempting the vendor from the warranty against eviction considered void?

<p>If the vendor acted in bad faith (D)</p> Signup and view all the answers

What must be the basis for depriving the vendee of the thing sold to enforce the seller's warranty against eviction?

<p>A right prior to the sale or an act imputable to the vendor (C)</p> Signup and view all the answers

Under what circumstances is a seller's warranty against eviction enforced?

<p>When there is a final judgment depriving the vendee of the thing sold (D)</p> Signup and view all the answers

What action must be taken regarding notification for enforcement of the seller’s warranty against eviction?

<p>The vendee must notify the vendor of any potential eviction suits (B)</p> Signup and view all the answers

What is the defining characteristic of an express warranty?

<p>It must be a promise or affirmation of fact by the seller inducing the buyer to purchase. (B)</p> Signup and view all the answers

Which of the following is not considered an express warranty?

<p>An exaggeration of trade norms related to the product. (D)</p> Signup and view all the answers

In what circumstances does an implied warranty arise?

<p>When inferred from the nature of the transaction or relative circumstances, irrespective of seller's intention. (B)</p> Signup and view all the answers

What does an implied warranty in the sale of goods typically cover?

<p>Warranty as to fitness or quality. (A)</p> Signup and view all the answers

According to the Consumer Act of the Philippines, what type of goods are covered under additional warranties?

<p>Goods primarily for personal, family, household, or agricultural purposes. (A)</p> Signup and view all the answers

What distinguishes an express warranty from an implied warranty?

<p>An express warranty is explicitly stated by the seller, while an implied warranty arises from circumstances and nature of the transaction. (C)</p> Signup and view all the answers

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