Sample One Year Limited Warranty Agreement

State:
Multi-State
Control #:
US-8003J
Format:
Word; 
Rich Text
Instant download

Description

Warranties may be either express or implied. Express warranties are created by affirmative acts of the seller that are an affirmation of fact or promise made by the seller which relates to the goods and becomes part of the basis of the bargain. Express warranties can be created when the seller describes the goods or furnishes samples. Express warranties create strict liability for the seller, so that negligence need not be proven. This agreement constitutes express warranties by the builder. A construction warranty is a legal document in which the contractor provides a covenant that guarantees to the client (homeowner) that they will perform all works following building codes and standards and project specifications without flaws or defects. Breaching such an agreement results in monetary recovery of related damages and costs for material replacement or reparation works to be carried out at the contractor's expense. The Magnuson-Moss Warranty Act, a US federal law enacted in 1975, regulates warranty contracts. It states that while not all products and services require written guarantees, if parties conclude one, then such an agreement must comply with the Act. This law aims to prevent manufacturers from misleading clients with inappropriate and unfairly made disclaimers on the guarantees. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A Sample One-Year Limited Warranty Agreement is a contract between a manufacturer or distributor of a product and a customer. It outlines the rights and obligations of each party in the event that the product does not meet the customer's expectations. The agreement typically includes a one-year period of coverage, during which the manufacturer or distributor agrees to repair or replace the product if it is found to be defective. It can also include additional terms, such as a refund policy or coverage for incidental damages. There are two types of Sample One-Year Limited Warranty Agreement: express and implied. An express warranty is specific to a particular product and is written into the agreement. An implied warranty, on the other hand, is a general statement of the manufacturer's or distributor's commitment to quality and performance.

Definition and Meaning

A Sample One Year Limited Warranty Agreement is a legal document that provides a guarantee from a builder or manufacturer regarding the quality of a product, specifically a home, for a defined period of one year. This warranty typically covers defects in materials and workmanship, ensuring that the home is up to acceptable standards during the warranty period. This type of agreement is important for home buyers as it protects their investment and gives them recourse in case of issues.

Who Should Use This Form

This form is designed for homeowners who are purchasing a new home or for builders and contractors who are providing homes to buyers. It is crucial for individuals seeking assurance about the quality and safety of their new property. Additionally, real estate agents may recommend this form to clients to ensure all parties understand the warranty terms attached to their home purchase.

Key Components of the Form

The Sample One Year Limited Warranty Agreement includes several essential elements:

  • Parties Involved: Identifies the company offering the warranty and the homeowner receiving it.
  • Commencement Date: Specifies when the warranty period begins.
  • Coverage Scope: Details what is covered under the warranty, including defects in materials and workmanship.
  • Limitations: Outlines exclusions such as normal wear and tear or damages caused by external factors.
  • Owner's Obligations: Lists responsibilities of the homeowner, including maintenance and timely reporting of defects.

Benefits of Using This Form Online

Completing a Sample One Year Limited Warranty Agreement online provides numerous advantages:

  • Convenience: Users can easily fill out and customize the form from the comfort of their home.
  • Immediate Access: Users can download their completed forms instantly, eliminating wait times.
  • User-Friendly: Online platforms often provide guided assistance and tips that make the process straightforward, even for those with little legal knowledge.

Common Mistakes to Avoid When Using This Form

When completing the Sample One Year Limited Warranty Agreement, users should be aware of common pitfalls:

  • Incomplete Information: Ensure all fields are filled out accurately to avoid disputes.
  • Failing to Notify: Homeowners must inform the company of any defects in writing before the warranty expires.
  • Ignoring Exclusions: Familiarize yourself with the limitations of the warranty to avoid surprises later.

What to Expect During Notarization or Witnessing

If notarization or witnessing is required, the following steps are generally expected:

  • Identification: Each party should present valid identification to the notary or witness.
  • Signature: All parties must sign the document in the presence of the notary or witness.
  • Notary Stamping: The notary will affix their seal to validate the document and ensure its legitimacy.
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FAQ

The Product Warranty shall apply to Products supplied under this Agreement, and Supplier represents and warrants to Customer that the Products (i)will be new (when first delivered), (ii) will be free from defects in materials and workmanship, (iii)will be manufactured and delivered in compliance with all applicable

Simply use the words ?Limited Warranty.? Don't include other information, such as the duration, because the reader might assume the limitation only applies to the duration and not to other aspects of the warranty. A multiple warranty (contains both full and limited warranties). Use the title ?Limited Warranty.?

(i)Limited Warranty. The Company warrants to Distributor that the Products will be free from defects in materials and workmanship at the time of shipment of the Products to Distributor (the "Limited Warranty").

The Limited Warranty clause outlines the scope, period of time, and remedies available to a Licensee in the event that the product is defective or fails to perform as specified in marketing or product literature. The provision may also define the party's rights and options in event the warranty standard is not met.

STANDARD ONE YEAR MANUFACTURER WARRANTY: The manufacturer warrants this product to be free from defects in workmanship and materials, under normal residential use and conditions, for a period of one (1) year for the original invoice date. Shipping and handling fees are to be paid for by the customer.

The Limited Warranty clause outlines the scope, period of time, and remedies available to a Licensee in the event that the product is defective or fails to perform as specified in marketing or product literature. The provision may also define the party's rights and options in event the warranty standard is not met.

(i)Limited Warranty. The Company warrants to Distributor that the Products will be free from defects in materials and workmanship at the time of shipment of the Products to Distributor (the "Limited Warranty").

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Sample One Year Limited Warranty Agreement