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Question: What exactly is a warranty?
There are two types of consumer warranties: express and implied.
Under Arizona law, express warranties by the seller are created by:
- Any affirmation of fact or promise made by the seller to the buyer, which relates to the goods and becomes part of the bargain creates an express warranty that the goods will meet the description.
- Any description of the goods, which is made part of the bargain, creates an express warranty that the goods will meet the description.
- Any sample or model, which is made part of the bargain, creates an express warranty that goods will meet the sample or model (ARS §47-2313).
Implied warranties occur where the seller, at the time of contracting, has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgement to select or furnish suitable goods.
Under this section of the Arizona laws, implied warranty means:
- The goods are fit for the regular purposes for which the goods are used; and
- The goods meet the promises or affirmations of fact made on the container or label (ARS §47-2314).