Practice Areas

Warranties

WARRANTIES

The essential purpose of a warranty is to provide a buyer with piece of mind that the product they are buying is of good quality and that the seller or manufacturer not only stands by their product, but will fix any issue that falls under the warranty and any damages or injuries suffered by the consumer as a result of the defective product.Warranties are also a promise that the product being provided or sold to you will operate properly for what it was sold for and intended to be used.

Warranty cases are fact-intensive, which has led to an abundant amount of case law being reported in state and federal courts. Gilbert & Caddy has attorney’s that focus on warranty law and can specifically assist you with the various types of warranties available to consumers and the defenses and exceptions to those warranties. Our firm understands the importance of consumer protection and safety and prides itself on enforcing and defending its clients in warranty litigation. Gilbert & Caddy’s lawyers are experienced in prosecuting and defending warranty actions, including, but not limited to:


Express Warranties: Express warranties are the easiest type of warranty to identify. These types of warranties are clear and explicit representations made in writing or verbally to a consumer. For example: a TV commercial stating that “This pill will make you grow a full head of hair and cure baldness”, this is an express warranty made by the seller to the consumer. Express warranties can also be time based, for example, “This suitcase is guaranteed to last twenty years no matter what”. Express warranty cases involve intricate contractual interpretation as well as an in-depth understanding as to the circumstances and societal understandings surrounding each type of express warranty made or express warranty similar to your case. Gilbert & Caddy has over twenty years of experience in contractual enforcement, execution, litigation, drafting, and contractual understanding so as to best provide you with the ability to fully appreciate your position in proceeding to enforce your rights or defend your liability in your warranty case.
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Implied Warranties: Are warranties that automatically come with the purchase a product even if the seller states nothing about the product(for exception see “As Is” section). Two types of implied warranties are: Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Use. Although you may not have an express warranty that clearly protects you against a defective product, you still may be protected by an implied warranty that makes the seller or manufacturer responsible for its defective product and the damages you have suffered.
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Implied Warranty of Merchantability: This type of warranty serves to protect buyers from loss where the goods purchased are below commercial standards. To be merchantable, goods need only be of reasonable quality, within expected variations, and fit for the ordinary purpose for which they are used. For example, you buy a car with the understanding that it will run properly and safely for transportation.

In order to enforce an implied warranty of merchantability there are numerous issues that may arise which can complicate a buyer’s remedies or seller’s defenses, such as the determination of whether the buyer fits under the legal definition of “merchant; whether the goods are fit for an ordinary purpose; or even whether a sale is required. Gilbert & Caddy’s over twenty years of legal experiencein defending and representing buyers, sellers, merchants, and manufacturers allows our firm to provide you with a better understanding of what rights you have and what hurdles you may incur in pre-suit settlement or litigation stages.
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Implied Warranty of Fitness for a Particular Use: This type of warranty is when a seller knows a buyer is going to use a product for a specific purpose and the buyer relies on the seller’s knowledge and recommendations in selecting the right product in order to satisfy the buyer’s need. For example, a customer tells a shoe salesman that he needs shoes for climbing, however the salesman instead sells the customer ordinary shoes with no traction or climbing support, then the seller may have breached its implied warranty to the seller.
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“As Is” purchases: “As is” or “Buyer beware” purchases are used by sellers to protect themselves from any liability and are commonly used in home, car, and boat purchases. Although, sellers can escape some liability through this disclaimer, a seller may still be responsible for a customer’s damages depending on the seller’s other representations or if the product is dangerous, defective, or causes personal injury.
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Warranty Breaches and Class Actions: Depending on the severity of the breach and the type of warranty breached the result in litigation can be drastic for either the buyer or seller of defective or non-compliant product. If the product is sold in mass quantities and contains the same defect and breach of warranty then an action can be maintained for a class or numerous people in one litigation, which may result in the seller being forced to pay big lump sum in damages suffered by the customer and attorney’s fees or the customer being forced to pay a big legal bill for not only their attorney, but the seller’s attorneys as well.
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Warranty Construction: Gilbert & Caddy has constructed 1,000’s of contracts and warranty provisions which allows us to best assist you in creating a warranty that best suits and protects your company needs and goals of protection. One of the best ways to minimize litigation and future costs is to ensure that you have a strong contract and warranty provisions.Gilbert & Caddy will guide you through important questions that need to be considered when creating a warranty for your product such as: Time limitations of the warranty; purpose of the product to be used; what is and is not covered under the warranty; warranty coverage; notice of defect; customer requirements to obtain correction of product defect; and venue provisions and applicable state law. Often times the best way to protect your liability and money is to invest early with our firm to construct a contract that will make it very tough for any customer to claim damages against you and force you into needless litigation.
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Lemon Law: The Lemon Law applies to the purchases of a car and is state specific as to what constitutes a violation of the Lemon Law. For example, Florida provides that there must be three (3) repair attempts for the same defect OR atleast fifteen (15) cumulative calendar days out of service for one ore more defects or conditions before submitting the Motor Vehicle Defect Notification. Gilbert & Caddy has resolved numerous cases involving Lemon Law violations and has been able to obtain damages, new cars, and other remedies for our clients.
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Magnuson-Moss Warranty Act: Is a federal law enacted to in response to complaints against automobile manufacturers and dealers not honoring their warranties. The Act is similar to the Lemon Laws and provides consumers with significant rights in dealing with car manufacturers and requires certain requirements to be met when the car manufacturer issues their written warranty. For example, the warranty must be designated as full or limited; the warranty cannot disclaim implied warranties that arise as a matter of law if it enters into a warranty or service contract with the consumer; and the warranty must be available for review prior to purchase.

Do not allow the car companies to take advantage of you. Gilbert & Caddywill fight for you to obtain all the damages you are owed, including compensation for your attorneys’ fees and costs as provided under the Act.
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Puffery/Puffing: Is the exaggeration or dramatization of what a product can do for a consumer, but which a reasonable consumer would not interpret as a true warranty that he/she could rely on. Often times the understanding between a warranty and mere puffery is a very and difficult distinction to make. Gilbert & Caddy will explain you options and whether the statements made constitute a warranty or puffery so you can best understand whether: the seller or manufacturer breached its warranty to the consumer; consumer has a proper action for breach of warranty; or whether the seller or manufacturer is not liable as its statements would constitute puffery and not a warranty.
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