Kansas Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

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.

Admin. Regs. § 92-19-62 - Warranties, service and maintenance contracts. (a) Each warranty included in the selling price of tangible personal property which is not charged to the consumer separately from the tangible personal property is subject to sales tax.

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.

Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 84-2-316), 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 statute of limitations under the KCPA is three years. Many KCPA violations do not require proof of intent on the part of suppliers to be actionable under the law. This makes it easier for you to pursue a legal remedy.

All legal theories of product liability governed by two-year statute of limitations.

Negligence: personal injury claims for negligence (most car accidents, slip and fall injuries, premises liability claims, etc.) have a statute of limitations of two years from the date of injury.

(1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within four years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year.

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

With a full warranty, a company guarantees to repair or replace a faulty product during the warranty period. If the product is damaged or defective, companies offering a full warranty must repair or replace it within a reasonable time.

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Kansas Warranty Clauses