Indiana Warranty Clauses

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Multi-State
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US-OG-489
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The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.

Indiana Warranty Clauses are sections included in contracts or agreements that outline the terms and conditions of warranty or guarantees provided by one party to another within the state of Indiana. The purpose of these clauses is to protect the rights and provide remedies to consumers or businesses in case of defects or failures in the products or services they purchase. There are several types of Indiana Warranty Clauses, including: 1. Express Warranty Clause: This clause specifies the explicit promises and guarantees made by the seller or manufacturer regarding the performance, quality, or characteristics of the goods or services. These promises may be written or verbal, and the clause ensures that they are legally enforceable. 2. Implied Warranty of Merchantability: This type of warranty is automatically implied by law in every sale of goods made by a merchant or seller in Indiana. It guarantees that the product is reasonably fit for its intended purpose, is of acceptable quality, and meets the buyer's reasonable expectations. 3. Implied Warranty of Fitness for a Particular Purpose: This warranty applies when the seller or manufacturer knows or has reason to know the particular purpose for which the buyer intends to use the product, and the buyer relies on the seller's skill and judgment in choosing the suitable product. It guarantees that the product will be fit for that specific purpose. 4. Warranty Disclaimer Clause: This clause states if any warranties provided by the seller or manufacturer are disclaimed or limited. It allows the parties to exclude or limit certain warranties, protecting sellers from liability for general wear and tear, misuse, or modifications made by the buyer. 5. Limited Warranty Clause: This clause defines the specific limitations and duration of the warranty, such as time limits, restrictions, or exclusions. It may outline warranty coverage for specific parts, repairs, or replacements under certain conditions, helping both parties understand their rights and responsibilities during the warranty period. 6. Remedy Clause: This clause specifies the available remedies in case of a warranty breach. It may outline options such as repair, replacement, refund, or reimbursement for the defective product or services, along with any applicable dispute resolution procedures. It is crucial for businesses and consumers in Indiana to include comprehensive and well-defined warranty clauses in their contracts to ensure transparency, protect their rights, and provide clarity in case of any disputes or warranty claims. These clauses help establish trust between parties and promote fair business practices, ultimately benefiting both sellers and buyers in the state of Indiana.

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FAQ

There are two types of warranties in new home construction: ?implied warranties? and ?express warranties.? Under Indiana law, ?implied warranties? automatically apply to newly constructed homes.

Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable.

Implied warranties deal with the product at the time it is purchased. Generally, customers have four years to enforce an implied warranty claim. Merchants of used goods also give implied warranties.

314. (1) Unless excluded or modified (IC 26-1-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

The Basic Concepts: A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.

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.

Implied warranties are unwritten warranties relating to the reasonable expectations of a homeowner with regard to the construction of the homeowner's home, as those reasonable expectations are defined by the courts on a case by case basis.

Indiana Code § 26-1-2-313. Express Warranties by Affirmation, Promise, Description, and Sample :: 2021 Indiana Code :: US Codes and Statutes :: US Law :: Justia.

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Included in the selling price is a warranty that will cover any repairs for two years or 20,000 miles. This warranty is an original manufacturer or dealer ... Aug 4, 2010 — This warranty is an original manufacturer or dealer warranty. Tax is collected on the full $20,000. 2. Same warranty as in Example 1 above. The ...Looking for information on new home construction warranties? Indiana Builders Association has you covered with the information you need. These supplemental bonds must be in the amount required by the Department to cover the costs of warranty work. Must complete all warranty work prior to ... This chapter covers the various warranty clauses that may be used in contracts awarded by the Federal Government. This chapter also presents general guidance in ... Dealer refuses and shows consumer the terms the parties agreed to in the writing, which includes a disclaimer of all warranties and an integration clause. Sep 28, 2016 — Project owners and contractors must first determine the scope and length of the warranty. Most EPC agreements include a one-year warranty that ... To file a complaint, contact the Utah Insurance Department. ... Coverage is effective upon the expiration of the shortest portion of the manufacturer's warranty. by GL Crider · 1982 · Cited by 1 — In recent years a majority of states have abolished the rule of caveat emptor and have instituted an implied warranty of fitness for habitation. Add the Indiana warranty for editing. Click on the New Document option above, then drag and drop the document to the upload area, import it from the cloud, or ...

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Indiana Warranty Clauses