Michigan Warranty Claims
In most cases, contracts for the sale of goods include warranties. Every product that you buy is a type of contract. Let’s take a look at some Michigan warranty claims:
• Warranty of title: Any seller of goods warrants that the title transferred is a good title, which means there are no encumbrances on the purchased goods at the time of contracting.
• Implied warranty of merchantability: If the seller is a merchant (a person that normally deals in the particular good bought) it implies that the item purchased is fit for the ordinary purpose for which such goods are intended. It doesn’t matter if the seller knew that the goods you purchased were defective. Sellers have absolute liability.
• Implied warranty of fitness for a particular purpose: When the seller has a specific reason to know the particular purpose for which the goods purchased are to be used, and that buyer is relying on the seller’s particular knowledge or skill, there’s an implied warranty that the goods will function as bargained for. For example, the seller knows that I want a boat to tour around the Great Lakes. That boat ought to be able to handle such bodies of water or the seller is in breach.
• Express warranties: This is any affirmation of fact or promise made by the seller to the buyer: description of the goods, a model used to depict the goods, or a statement about performance. An express warranty must be part of the basis of the bargain that the buyer relied upon. Be wary of seller’s talk or statements that are also known as sales puffing. These statements are not regarded as express warranties, ie “This is the best snowboard on the market.”
Often times, whether you’re aware of it or not, a merchant will disclaim various warranties to escape liability. Usually, there is a requirement that such disclaimers be conspicuous so that a reasonable person should have the opportunity to read the disclaimer. An inadequate disclaimer will not effectively disclaim.
Goodwin & Scieszka has been handling defective product claims for over 30 years. If you’ve been injured as a result of a dangerous product, contact our Southfield, MI offices. We’re here for you when you need us most.