express warranty
LowFormal, Technical
Definition
Meaning
A specific, direct, and explicitly stated promise or guarantee about the quality, condition, or performance of a product, made by a seller or manufacturer to a buyer.
A legally binding term in a sales contract, created by an affirmation of fact, description, sample, or model, which becomes part of the basis of the bargain. It can be oral or in writing. Distinct from an implied warranty, which is imposed by law.
Linguistics
Semantic Notes
Always a noun phrase. A specific legal term within contract and commercial law. It is a 'promise' that, if breached, gives rise to a claim for damages.
Dialectal Variation
British vs American Usage
Differences
The legal concept is fundamentally the same in both jurisdictions, as both have roots in common law and statutory frameworks like the Sale of Goods Act 1979 (UK) and the Uniform Commercial Code (US).
Connotations
Identical technical connotations. In everyday UK speech, 'guarantee' might be more common than 'warranty', but in legal contexts, 'express warranty' is the precise term.
Frequency
Slightly more frequent in American legal/commercial texts due to the pervasiveness of the UCC. In the UK, the term is standard in legal and formal business contexts.
Vocabulary
Collocations
Grammar
Valency Patterns
[The seller] gave [the buyer] an express warranty that [the goods would perform X].An express warranty regarding [the product's durability] was included in [the contract].[The statement] constituted an express warranty.Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Phrases
Idioms & Phrases
- “To warranty something expressly”
Usage
Context Usage
Business
Crucial in B2B and B2C sales contracts, product documentation, and terms & conditions to define the seller's specific obligations.
Academic
Studied in law, business, and contract theory courses as a key element of sales law and consumer protection.
Everyday
Rare in casual conversation. May appear in discussions about a product's official guarantee or when reviewing a purchase contract.
Technical
A precise legal term of art in contract law, commercial law, and litigation concerning defective products.
Examples
By Part of Speech
verb
British English
- The seller may expressly warrant the condition of the machinery.
- The contract did not expressly warrant the software's compatibility.
American English
- The manufacturer expressly warranted that the part would last ten years.
- Did the salesperson expressly warrant the mileage?
adverb
British English
- The quality was expressly warranted in the brochure.
- He expressly warranted, both orally and in writing, that the car had never been in an accident.
American English
- The manual expressly warrants a two-year battery life.
- She expressly warranted the authenticity of the painting.
adjective
British English
- The express warranty terms are listed in Schedule 2.
- They sought damages for breach of the express warranty clause.
American English
- The express warranty coverage is limited.
- We need to review all express warranty statements.
Examples
By CEFR Level
- The toaster has an express warranty for one year.
- The shop gave me an express warranty for the TV.
- Before buying the laptop, check the express warranty for what it covers.
- The seller's verbal promise became an express warranty.
Learning
Memory Aids
Mnemonic
Think EXPRESS = EXPRESSly stated. It's not implied or silent; it's said or written out loud and clear.
Conceptual Metaphor
A legal safety net that is deliberately woven by the seller's words.
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Не переводите как "экспресс-гарантия" (что означает быстрая гарантия).
- Прямой перевод "выраженная гарантия" также не является точным юридическим термином. Правильнее: "прямая/прямо выраженная/письменная гарантия" в зависимости от контекста, но для юридической точности лучше использовать заимствование "экспресс-варанти" с пояснением.
Common Mistakes
- Confusing it with a manufacturer's general 'warranty' document. An express warranty is the specific promise *within* that document.
- Using it as a verb (e.g., 'They express warrantied the product' – incorrect).
- Thinking it must always be in writing (it can be oral).
Practice
Quiz
Which of the following is LEAST likely to create an express warranty?
FAQ
Frequently Asked Questions
Yes, an express warranty can be created orally by a seller's statement or promise, provided it becomes part of the basis of the bargain. However, proving the terms of an oral warranty can be difficult.
An express warranty is explicitly stated by the seller (in words or writing). An implied warranty is automatically imposed by law, such as the warranty that a product is fit for its ordinary purpose, and exists unless specifically disclaimed.
No. In this legal context, 'express' means 'explicitly stated' or 'directly declared'. It is the opposite of 'implied'.
Its duration is defined by the terms of the warranty itself (e.g., '1 year from purchase'). This is different from some implied warranties, which may have durations defined by statute.