Each express product warranty presents two fundamentally important questions: What is the balance of rights/obligations afforded to manufacturer and warranty holder, normally the consumer? What is the proof that the manufacturer’s warranty had been communicated to the buyer at or before the sale, i.e. was it within the “basis of the bargain?”

The purpose of the warranty is to establish both the commitment and liability of the manufacturer and the agreed responsibilities of the warranty holder.

The manufacturer must commit to fair protection for the consumer or be exceptionally clear of its absence. The manufacturer should ensure that the consumer provide fair notice and access to the product as a condition to the right to pursue a claim under the warranty. The manufacturer must have a warranty service capable of delivering timely qualification, investigation and remediation of bona fide claims for service within the terms of the warranty, maintain records of communications with the warranty holder and avoid inflammatory words.