A warranty is an undertaking given to a purchaser by a seller that a product is reliable and free from defects. The seller further undertakes that he will, without charge, repair or replace defective parts or replace the entire product if the product turns out to be defective within a given period. Certain specified conditions may have to be met before the warranty is enforceable.
Section 37 of the Act requires that merchants fulfil their warranty obligations. If a good does not come with a Written or Expressed Warranty, it is still covered by an Implied Warranty, unless the product is marked “as is” or the seller otherwise indicates in writing that no warranty is given.
One type of implied warranty is the “warranty as to merchantability”. This means that the seller promises that the product is of a quality that will allow it to perform satisfactorily. For example, it is implied that when a merchant sells a car, it will run satisfactorily. Another type of implied warranty is the “warranty as to fitness for a particular purpose”. This applies when a consumer buys a product on the seller’s advice that it is suitable for a particular use. For example, a person who suggests that a particular type of paint be bought for a driveway warrants that the paint is suitable for outdoor use. Implied warranties have no specific period of coverage. Instead, coverage is based on an estimation of a reasonable time for which the product should last, provided there is no misuse.