I write base on the empirical experience, I don’t just write because people write.
Guarantee is sometimes spelt “guarantie” or “guaranty”.It is from an Old French form of “warrant”, from the Germanic word which appears in German as wahren: to defend or make safe and binding.
A warranty is usually a written, contractual promise that attests to the quality of a specific, purchased product for a certain amount of time. A guarantee is also a promise regarding product quality, and it may even be written into a warranty contract.
A warranty is a promise or guarantee given. A warranty is usually a written guarantee for a product and declares the maker’s responsibility to repair or replace a defective product or its parts.
Guarantee is a legal term more comprehensive and of higher import than either warranty or “security”.
Oxford Advanced Learner’s Dictionary defined guaranty as a written promise given by a company that something you buy will be replaced or without if it goes wrong within a particular period. While warranty is defined by aforementioned dictionary as a written agreement in which a company selling something promises to repair or replaced it if there is a problem within a particular period of time.
The legal definition of Guarantee or Guaranty is A back-up debtor who steps in if the primary debtor defaults. Defined by onlineLegalDictionary.
He to whom a guaranty is made. This word is also used, as a noun, to denote the contract of guaranty or the obligation of a guarantor, and, as a verb, to denote the action of assuming the responsibilities of a guarantor. But on the general principle of legal orthography. Defined by Black’s Law Dictionary.
Warranty is defined by Business Dictionary as in General: Legally binding assurance (which may or may not be in writing) that a good or service is, among other things, (1) fit for use as represented, (2) free from defective material and workmanship, (3) meets statutory and/or other specifications. A warranty describes the conditions under, and period during, which the producer or vendor will repair, replace, or other compensate for, the defective item without cost to the buyer or user. Often it also delineates the rights and obligations of both parties in case of a claim or dispute.
What is the difference between warranty and guaranty/ guarantee? … A warranty is a promise or guarantee given. A warranty is usually a written guarantee for a product and declares the maker’s responsibility to repair or replace a defective product or its parts.
Note, warranty will cover all repairs at 100% cost for a period of 24 months or period specific according to agreed terms and conditions from the date of purchase provided the device is brought to the location on the front of the package or same company.
Note, guaranty will cover the replacement for a period of 24 months or period specific according to agreed terms and conditions from the date of purchase provided the device is brought to the location on the front of the package or same company.
In Nigeria company and business people use warranty which covers the repairing of the goods only, which they do include in their receipts and invoice.
Warrant is when you (the buyer) agreed with the seller that that particular product will be repaired within a specific period during the time of buying and selling contact while guarantee is when a seller promises that the goods bought from him will be changed entirely once it spoils within the specific period agreed on during businesses transaction.
Online legal definition of Warranty
An assurance, promise, or guaranty by one party that a particular statement of fact is true and may be relied upon by the other party.
Warranties are used in a variety of commercial situations. In many instances a business may voluntarily make a warranty. In other situations the law implies a warranty where no express warranty was made. Most warranties are made with respect to real estate, insurance, and sales and leases of goods and services.
Any promise about the quality, condition, or reliability of a product that a seller makes and that you rely upon when buying a product can create a warranty or guarantee. A direct statement, either verbally or in writing, promising that a product will be met a specific expectation creates an express warranty. For example, if a phone salesperson promises a specific period of time for the usage, they have created a warranty. However, even though warrantees can be created orally, it’s smart to ask for them in writing as well, in order to create a record of the merchant’s promise.
Other warranties don’t have to be expressed explicitly at all. These implied warrantees are guarantees that the law reads into your transaction. Almost all consumer products, for example, are covered by an implied warranty of merchantability, meaning that the product is guaranteed to work as typically expected. A merchant can disclaim implied warranties through disclaimers or “as is” sales, but several states will refuse to recognize “as is” disclaimers for consumer goods. Similarly, some warranties can be limited in scope and others may be voided by certain actions. For example, a lifetime guarantee on your electronic fan may be limited to the expected lifetime, say ten years, of the product and voided by unauthorized repairs or modifications.
The legal issues to be determined:
The application of terms implied by statute.
Implied terms relating to sale of goods.
The remedy for breach of implied terms.
Implied condition as to title, see section 12(1) of the Sale of Goods Act.
Sale by description, see section 13 of the Act.
Fitness for purpose, see section 14(1) of the Act.
With reference to section 11(1)(c) of the Act, the right to repudiate a contract is severely limited. The breach of any condition or so can only be treated as a breach of warranty and not a ground for rejecting the goods and treating the contract as repudiated.
In a situation where a contract of sale, the property in the goods have been transferred to the buyer but he refuses to pay the price, it will be actionable by the seller for the price against the buyer; S.49(1) SOGA. If according to the contract of sale, the price of the goods is to be paid on a particular day irrespective of whether the goods are to be delivered or not, if that date elapses and the buyer hasn’t paid, the seller can bring an action for the price whether or not property in the goods has passed to the buyer see 49(2) SOGA.
Available actions are: 1. Damages for non-delivery
2. Specific Performance
3. Remedy for a breach of warranty.
For Nigerian Court cases on damages see the Supreme Court decisions in OMONUWA V. WAHABI (1976), SWISS NIGERIA WOOD INDUSTRIES V. BOGO (1995).
For Guaranty See Smith V wood (1929) 1Ch. @ P.14 ; R.E.A Vs Aswani Textile Limited (1992; 3 NWLR,pt.227, P.1 at P.13, para ‘G’).For warranty See Hadley -v- Baxendale.
Penned by Ofodum, Chukwunonso Charles, ICON.✍⚖
