Warranties in a Contract of Sale: Understanding Your Rights as a Buyer in the Philippines
When entering into a contract of sale, it is important to understand the warranties that come with your purchase. In the Philippines, warranties are legal obligations and promises made by the seller to the buyer that the product or service being sold is of good quality and will perform as expected.
There are two types of warranties commonly found in a contract of sale: express warranties and implied warranties. An express warranty is a promise made by the seller that is explicitly stated in the contract, while an implied warranty is a promise that is not explicitly stated but is implied by law.
Express Warranties
Express warranties are the promises made by the seller that are explicitly stated in the contract of sale. These warranties may be written or oral, and they can include anything from a promise that the product will be free from defects to a guarantee that the product will last for a certain period of time. Examples of express warranties include:
• A car manufacturer promising that a new car will be free from defects for the first 12 months of ownership
• A seller promising that a piece of equipment will work for a certain number of hours of operation
• A contractor promising that a renovation will be completed within a certain timeframe and to a certain standard of quality
If the product or service being sold does not meet the requirements of the express warranty, the buyer has the right to insist that the seller fulfill their promise. This can include repairing or replacing the product, or offering a refund.
Implied Warranties
Implied warranties are promises that are not explicitly stated in the contract of sale, but are implied by law. These warranties are based on the assumption that the product being sold is of a type that is commonly sold in the market and that it will be fit for its intended purpose.
There are two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
The implied warranty of merchantability is a promise that the product being sold is of a reasonable quality and is suitable for the purpose for which it is intended. This means that the product should work as expected and be free from any defects that would make it unusable.
The implied warranty of fitness for a particular purpose is a promise that the product being sold is suitable for a specific purpose that the buyer has communicated to the seller. For example, if a buyer tells a seller that they need a printer that can handle a certain type of paper, the seller has an implied warranty that the printer they sell will be able to handle that type of paper.
If a product does not meet the requirements of an implied warranty, the buyer has the right to insist that the seller fulfill their promise. This can include repairing or replacing the product, or offering a refund.
Conclusion
Warranties are an important part of a contract of sale, and it is important for buyers to understand their rights and obligations when purchasing products or services. In the Philippines, both express and implied warranties are legally binding, and buyers have the right to insist that sellers fulfill their promises. By understanding the warranties in a contract of sale, buyers can protect themselves from defective products and ensure that they get what they paid for.