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Express Warranty
An express warranty is a clear, definite promise about a product's quality or performance that becomes part of the deal, often made in words or writing.
What it actually is
It is a factual statement or promise about a product that the seller makes to the buyer, which the buyer relies on when deciding to purchase. In a court case, an express warranty appears when a party claims the seller broke that promise, and the court looks at what was actually said or written, not just implied expectations.
Why it matters in your case
If you are in a case, proving an express warranty exists can shift the burden to the seller to show the product met that specific promise. It matters because it gives you a direct contractual claim without needing to prove negligence or fault.
The common misunderstanding
Many people think any positive statement about a product is an express warranty, but only statements of fact (not mere opinions or “puffery”) count. Also, an express warranty does not have to use the word “warranty” to be legally binding.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.