Delaware Warranty

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US-OG-840
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Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Delaware Warranty is a legal term referring to the warranty provided by a seller to a buyer regarding the quality, performance, and condition of a product or service purchased in the state of Delaware, United States. It serves as a guarantee to the buyer that the product or service will function as intended and meets specified standards. In Delaware, there are two primary types of warranties recognized: express warranty and implied warranty. 1. Express Warranty: An express warranty is a specific guarantee made explicitly by the seller about the product's quality, performance, or condition. It can be stated orally or in writing, such as through a product description, advertisements, or promotional materials. This type of warranty provides certain assurances to the buyer and forms a contractual obligation between the buyer and the seller. 2. Implied Warranty: Unlike an express warranty, an implied warranty is not explicitly stated by the seller. Instead, it is a warranty that automatically arises by operation of the law and is presumed to exist in every purchase. Delaware recognizes two types of implied warranties: a. Implied Warranty of Merchantability: This warranty guarantees that the product is reasonably fit for its ordinary purpose. It implies that the product is free from any defects that would impair its usage, making it suitable for sale in the market. b. Implied Warranty of Fitness for a Particular Purpose: This warranty applies when the seller, based on their expertise, recommends a product for a specific purpose, and the buyer relies on that recommendation. In such cases, the product should be fit for the particular purpose for which it was suggested. In Delaware, the Delaware Uniform Commercial Code (UCC) governs warranties and provides protection to buyers against faulty products or services. It is essential for both buyers and sellers to understand their rights and obligations under these warranties. Whether someone is a consumer purchasing goods or services or a business involved in commercial transactions in Delaware, knowing the different types of warranties and their implications is crucial for making informed decisions and ensuring compliance with the law. It is advisable to consult legal professionals or review specific statutes for a comprehensive understanding of the Delaware Warranty and its application to various contexts.

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FAQ

Delaware law provides for a default three-year statute of limitations period for breaches of contract, generally applicable to claims for breaches of representation and warranties and related claims for indemnification concerning stock purchase agreements or assets sales.

Unfortunately, used cars are not covered under the DE Lemon Law. However, if you have a manufacturer's warranty, original or extended, we can still help you under the Magnuson?Moss Warranty Act.

Delaware's vehicle "lemon law" is enforced by the Attorney General's Consumer Protection and only applies to new motor vehicles. The automobile warranty law is contained in Delaware Code Title 6, Chapter 50.

186, § 1; §§ 2-314. Implied warranty; merchantability; usage of trade. (1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.

Just about every consumer product purchase comes with an implied warranty of merchantability, which means it is guaranteed to work if used for its intended purpose. If you buy a blender that simply doesn't work, then you have the right to take it back for an exchange or .

Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable.

The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold.

Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.

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Delaware Warranty