Connecticut Seller's Affidavit and Declaration Concerning Warranties in Assignment
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How to fill out Seller's Affidavit And Declaration Concerning Warranties In Assignment?
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FAQ
Promises of fact made during the bargaining process are express warranties. A contract cannot include both an implied warranty and an express warranty. A merchant cannot disclaim an implied warranty of merchantability. Privity of contract is required to bring a product liability suit based on negligence.
The two main types are express and implied warranties. An express warranty is one that is clearly stated (or "expressed") either verbally or in writing, while an implied warranty automatically covers most consumer goods valued over a certain amount, but only provides a base level of protection for consumers.
The fact that express warranties are made does not exclude implied warranties. When both express and implied warranties exist, they should be construed as being consistent with each other and cumulative if such a construction is reasonable.
The law requires that the item be adequate for the purpose for which it is purchased or leased. An implied warranty is the normal period of time that an item should function under normal use.
Breach of warranty is defined as the violation of an express or implied contract of warranty, and thus it is a breach of contract. Essentially, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.
Express warranties can take a variety of forms, ranging from advertising claims to formal certificates.An express warranty can be made either verbally or in writing. While verbal warranties are important, only written warranties on consumer products are covered by the Magnuson-Moss Warranty Act.
Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant.