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The words 'guarantee' and 'warranty' are frequently misused, and all the answers you have received so far seem to reflect the uses which are adopted in practice by sellers of goods to describe contractual promises of various kinds which they make to buyers. These words do, however have a very particular meaning in English law and, I believe, in the law of other common law countries such as the US, Canada, Australia etc.

In English law a 'warranty' is a kind of contractual term which, if breached, means the party affected is entitled to damages, but does not have an automatic right to terminate the contract, and so refuse to carry out their part of the bargain. The other kind of contractual term is a 'condition', which because it is a more important or substantial term, does entitle the other party to withhold performance if breached.

A guarantee, on the other hand is a kind of contract. In the same way that you can have a contract of insurance, or a contract for carriage or a contract of sale (all of which will contain some terms which are conditions, and some terms which are warranties) you can have a contract of guarantee. Briefly, a contract of guarantee arises where A contracts with B to pay money or deliver goods or carry out some service. C then enters a separate contract with A, 'guaranteeing' that B will do as he has promised. If B does not carry out his obligation, A will have a claim against C.

2007-01-07 21:32:45 · answer #1 · answered by RB 2 · 2 0

A guarantee is a promise that a product does "exactly what it says on the tin". So if a product doesn't work out of the box (or breaks through no fault of your own after a shortish amount of time), and you have a guarantee, the maker promises to repair or replace the product.

A guarantee may involve returning the product to the shop or directly to the maker.

A warranty is a more formal and longer term promise (actually a legal contract). A warranty ensures that you can use the product fully for at least the length of the warranty (for example, five years).

A warranty may involve a representative of the maker visiting your house and inspecting the product or replacing a certain piece.

2007-01-07 20:59:41 · answer #2 · answered by Anonymous · 0 0

A guarantee is a vague promise; but a warranty is a specific contract with redress offered if anything goes wrong. A warranty gives you legal protection.
Saying 'I promise this thing will work' is not the same thing as saying 'If it breaks within one year we'll replace it'.

2007-01-07 20:46:36 · answer #3 · answered by sarah c 7 · 0 0

A warranty is always an explicit written agreement. A guarantee may be less specific and may only be a verbal assurance with no real enforceable substance.

2007-01-07 20:39:50 · answer #4 · answered by dukefenton 7 · 1 0

Guarentee means;
1. a promise or assurance, esp. one in writing, that something is of specified quality, content, benefit, etc., or that it will perform satisfactorily for a given length of time: a money-back guarantee.
2. guaranty (defs. 1, 2).
3. something that assures a particular outcome or condition: Wealth is no guarantee of happiness.
4. a person who gives a guarantee or guaranty; guarantor.
5. a person to whom a guarantee is made.
–verb (used with object) 6. to secure, as by giving or taking security.
7. to make oneself answerable for (something) on behalf of someone else who is primarily responsible: to guarantee the fulfillment of a contract.
8. to undertake to ensure for another, as rights or possessions.
9. to serve as a warrant or guaranty for.
10. to engage to protect or indemnify: to guarantee a person against loss.
11. to engage (to do something).
12. to promise (usually fol. by a clause as object): I guarantee that I'll be there.

Warranty means';
1. an act or an instance of warranting; assurance; authorization; warrant.
2. Law. a. a stipulation, explicit or implied, in assurance of some particular in connection with a contract, as of sale: an express warranty of the quality of goods.
b. Also called covenant of warranty. a covenant in a deed to land by which the party conveying assures the grantee that he or she will enjoy the premises free from interference by any person claiming under a superior title. Compare quitclaim deed, warranty deed.
c. (in the law of insurance) a statement or promise, made by the party insured, and included as an essential part of the contract, falsity or nonfulfillment of which renders the policy void.
d. a judicial document, as a warrant or writ.

3. a written guarantee given to the purchaser of a new appliance, automobile, or other item by the manufacturer or dealer, usually specifying that the manufacturer will make any repairs or replace defective parts free of charge for a stated period of time.
–verb (used with object) 4. to provide a manufacturer's or dealer's warranty for: The automaker warranties its new cars against exterior rust.

2007-01-07 23:58:17 · answer #5 · answered by michelle_in_aus2003 2 · 0 0

guarantee usually follows or is followed with what it's guarteeing. Warranty comes with fine print.

2007-01-07 20:46:44 · answer #6 · answered by North of Heaven 3 · 0 0

Gurantee is a formal promise or assurance, esp that some thing is of a specified quality and durability.

Warranty is accepting reponsiblity for defects or repair over a specified period

2007-01-07 20:46:47 · answer #7 · answered by Lancelot 3 · 0 0

forum.wordreference.com/showthread.php?t=92175
answers.yahoo.com/question/index?qid=20060621101617AAWlcSO
answers.yahoo.com/question/index?qid=1006032703490
en.wikipedia.org/wiki/Guarantee
dictionary.reference.com/help/faq/language/d51.html

2007-01-07 20:39:47 · answer #8 · answered by Anonymous · 0 0

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