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An '''express [[warranty]]''' is created when a seller makes a guarantee to the buyer that the product/service being offered has certain qualities. Presenting an express warranty to a customer could potentially give rise to a [[product liability]] claim towards the company due to a marketing defect.<ref name=":02">{{Cite book|last=Siedel|first=George|url=http://worldcat.org/oclc/952595287|title=The Three Pillar Model for Business Decisions : Strategy, Law and Ethics|publisher=Van Rye Publishing, LLC|year=2016|isbn=978-0-9970566-0-0|location=|pages=59-60|oclc=952595287}}</ref> For an express warranty to exist between a seller and a buyer, the following must occur<ref name=":12">{{Cite book|last=Bagley|first=Constance|title=The Entrepreneur's Guide to Law and Strategy|last2=Dauchy|first2=Craig|publisher=Cengage Learning, Inc.|year=2018|isbn=978-1-285-42849-9|edition=Fifth Edition|location=Boston, MA|pages=313-315}}</ref>.
First, a statement must be made. This statement could be made by making a promise with the buyer about the product/service being offered, giving the buyer a description of the product/service being offered, or by providing the buyer with a sample of the product/service being offered<ref name=":
Second, the buyer must have depended on this guarantee (in whichever form it was made) when deciding whether or not to purchase the product/service. If a buyer believes that the product or service purchased does not resemble that which was expressed in the guarantee then the buyer has the option to file for a breach of express warranty. A seller could try to prove that the statements that were made did not play a role in the buyers decision making process. <ref name=":
'''Requirements'''
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<blockquote>''A buyer wants to purchase a machine from Company X that he/she needs in order to get a specific job done. A Company X representative hands the buyer a brochure with details on a specific machine; the brochure states how this particular machine is capable of getting the buyers desired job done. Additionally, the representative orally confirms that what is being stated in the brochure is true; these affirmations led the buyer to purchase the machine. However, after purchase, the buyer faced problems with the machine. The product failed to meet the promises made by both the company brochure and the company representative.'' </blockquote>
In the scenario pictured above, there ''is'' an express warranty given the fact that 1) the company representative guaranteed that the product had a certain ability and that 2) the buyer relied on this guarantee when making the decision to purchase. Therefore, the buyer ''could'' sue for breach of express warranty and could also file a product liability claim.<ref name=":
== References ==
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