{"id":352522,"date":"2016-04-04T10:42:05","date_gmt":"2016-04-04T15:42:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/consumer\/consumer-transactions\/warranty-vs-guarantee-what-you-need-to-know.html"},"modified":"2024-03-25T14:50:06","modified_gmt":"2024-03-25T19:50:06","slug":"warranty-vs-guarantee-what-you-need-to-know","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/consumer\/consumer-transactions\/warranty-vs-guarantee-what-you-need-to-know.html","title":{"rendered":"Warranty vs. Guarantee: What You Need to Know"},"content":{"rendered":"\n
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Warranty vs. Guarantee: What You Need to Know<\/h1>\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

While you’re shopping for a new car, one dealer guarantees its vehicle for five years. Another dealer provides a five-year warranty for the same car. All things being equal, does the use of warranty vs. guarantee change the meaning of the merchants’ promises? In short, no.<\/p>\r\n

A warranty<\/a> provides a promise from one party to the other that certain conditions, such as the lifespan or quality of a product, will be met. If the product doesn’t meet the conditions of the warranty, it can usually be returned, repaired, or replaced. If a merchant guarantees a feature of a product, or even your satisfaction with it, the same holds true.<\/p>\r\n

The difference between a warranty and a guarantee is simply a question of word choice.<\/p>\r\n

What Creates a Warranty or Guarantee?<\/h2>\r\n

Any promise about a product’s quality, condition, or reliability that a seller makes, and that you rely upon when buying it, can create a warranty or guarantee.<\/p>\r\n

A direct statement, either verbal or in writing, that promises a product will meet specific expectations creates an express warranty<\/a>. For example, if a car salesperson promises a minimum gas mileage for a particular vehicle, they have created a warranty. This guarantee is enforceable under the federal Magnuson-Moss Warranty Act<\/a>.<\/p>\r\n

Even though warranties can start as a spoken promise, it’s wise to ask for them in writing as well. This step can create a record of the merchant’s promise. A written warranty can also help you understand your options if you discover an issue<\/a> after your purchase.<\/p>\r\n

Other warranties don’t have to be intentionally created at all. These implied warranties<\/a> are guarantees that state laws add to your transaction. Almost all consumer products have coverage through an implied warranty of merchantability, meaning that the product is guaranteed to work as expected. An implied warranty of fitness also ensures a product will work for a different specific purpose.<\/p>\r\n

A merchant may avoid implied warranties through disclaimers or \u201cas is" sales<\/a>. Yet, several states will refuse to recognize as is disclaimers for consumer goods.<\/p>\r\n

Some products may have a limited warranty<\/a>, which restricts the scope of what the warranty covers. Certain actions can also void warranties<\/a>. For example, a lifetime warranty on your refrigerator may be limited to the product’s expected lifetime, such as 10 years, and voided by unauthorized repairs or modifications.<\/p>\r\n

An extended warranty may also be available for purchase through the seller. This type of warranty often covers specified parts or damage for longer than the original product warranty period. This warranty coverage would not protect your product unless you buy it.<\/p>\r\n

No Magic Words Needed<\/h2>\r\n

Whether a merchant describes its promise as a guarantee vs. warranty won’t prevent it from having legal effect. It’s the promise that matters, not the phrasing.<\/p>\r\n

Under the Uniform Commercial Code<\/a>, which has been adopted in some form by every state, a warranty can begin in several ways:
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