Undeniably, implied warranties have a duration of four years. This duration may not be specified by the California State laws, but it is the most applied duration when it comes to the implied warranties. This is because the state’s statute for breach limitation of the implied warranties are usually given a duration of four years from their date of purchase. The implied warranties do not ensure that the bought product will necessarily have to last for the four years or any particular duration (Constance and Craig, 194). An implied warranty can be defined as a promise about the state of a bought product during the time the product is sold.
Implied warranties in California do apply to the sale of used goods. This acts as a promise to the buyer that the used product being bought shall operate as expected, according to its type and the price it has been sold (Horvath et al128). Nevertheless, the implied warranty that apply to the used products apply only if the person selling is a merchant, who has special experience in dealing with such used goods, and not in a case when the transaction is done by a private or individual seller.
Between the manufacturer, distributor, and the retailer, the manufacturer is the one who is liable for breach of implied warranties due to lack of realistic concern in the manufacturing, designing, and packaging of the manufacturer’s good causing injury. It is always the responsibility of the manufacturer to ensure that the good are produce in the proper way so as to ensure that no defective goods are sold to customers. Finally, a seller a seller can exclude any limited warranty by conspicuously writing to the customer that they will not be responsible for any malfunctions of the sold product. The seller must make it clear that if any risks or injuries occur, it will be entirely on the consumer (Constance and Craig, 194).
Works Cited
Constance E. Bagley and Craig E. Dauchy, The Entrepreneur's Guide to Business Law.
California: Cengage Learning, 2008.
Horvath August, Villafranco John. And Calkins Stephen, Consumer Protection Law
Developments. New York: American Bar Association, 2009
