Instructions for main post (Around 200 words)
Please, write a main discussion post about the below statement:
“No express wa
anties should be created by the oral statements made by salespersons about a product.”
Decide if you agree or disagree with this statement. State your decision and provide your reasoning for this week’s Discussion assignment.
(Citations only needed for main post)
Instructions for the two classmate responses (around 150 words each)
Please, respond to the below two classmate main posts. (Please, the responses need to be a discussion, not an evaluation. You can agree with them and add/comment about their response.)
Thank you
Classmate post #1:
Sarah Varney
The Uniform Commercial Code (U.C.C.) provides uniform handling of common business transactions. Specifically Article 2 of the U.C.C. refers to the sale of goods and more importantly, wa
anties. While I would agree with the statement we are discussing this week, that express wa
anties should not be created by oral statements made by the salesperson, it is not the case. Any time an oral statement is made during a sales pitch, this creates an express wa
anty. The express wa
anty that is created due to the oral statement conforms to the written contract. This is also the case in regards to any written or oral product descriptions. Models or in-store displays also create a wa
anty. Clarkson, Miller, & Cross XXXXXXXXXXstate, “not that a buyer or lessee must be made aware of any wa
anty disclaimers or modifications at the time the contract is formed.” Therefore, no modifications can be made by the seller unless the buyer agrees to the changes. In regards to oral wa
anties, the party claiming that the wa
anty is valid must provide the burden of proof in order to determine that the statement was falsely made.
While I have played the role of buyer of several items where wa
anties have been involved, I have not experienced a situation to which an oral statement was not truthful or covered by a written wa
anty. As an informed consumer, I would be upset if I had spent time and research in a product and during the sales pitch was given information that was not covered by a wa
anty or that the product failed to live up to its’ reputation the salesperson is so eagerly telling me. I find myself putting more weight in user reviews rather than what a salesperson tells me. Often times professionals in this line of business work on commission and require closed deals in order to hit sales goals. For this reason, it is important to research statements made during the sales pitch
Reference:
Clarkson, K. W., Miller, R. L., & Cross, F. B XXXXXXXXXXBusiness Law: Text and Cases (14th ed.). Boston, MA. Cengage Learning
Classmate post # 2:
Michelle Cocking
Most consumer purchases are covered by a wa
anty, even when it is not explicitly stated as such. The two main types are express and implied wa
anties. An express wa
anty is one that is clearly stated or "expressed," while an implied wa
anty automatically covers most consumer goods valued over a certain amount, but only provides a base level of protection for consumers. Express wa
anties can be written or oral in nature, although consumers are advised to get oral wa
anties written down or to have a witness to an oral wa
anty, in case a dispute about a product arises (“What are express,” XXXXXXXXXXImplied wa
anty does not need to be written or stated, it is instead the claim or implied performance of the item (Clarkson, Miller & Cross, 2018).
I disagree with the statement “no express wa
anties should be created by the oral statements made by salespersons about a product.” “Under UCC 2-213 and 2A-210, express wa
anties arise when a seller or lessor indicates any of the following: that the goods conform to any affirmation (a declaration that something is true) of fact or promise that the seller or lessor makes to the buyer or lessee about the goods; that the goods conform to any description of them; or that the goods conform to any sample or model of the goods shown to the buyer or lessee” (Clarkson, Miller & Cross, 2018, p. 426). Expressed wa
anties can include statements of fact, descriptions of items or services, and representations of goods in samples or models, whether they are stated ve
ally or in writing. As an example, when buying a vehicle, the salesperson ve
ally promises by using the basis of the bargain that the automobile you selected comes with the custom rims shown to you on the floor model. However, when you come to pick up the vehicle, there are stock rims on the car instead. In this case, the salesperson has
oken the express wa
anty they have made to you. One of the deciding factors for you to purchase that model was the trendy custom rims. Unless otherwise stated in the fine print on the sales agreement, the salesperson would need to honor their promise of the custom rims.
References
Clarkson, Miller, and Cross. Business Law. 14th edition XXXXXXXXXXCengage Custom (Digital First).
What are express and implied wa
anties? (n.d.) Retrieved on September 2, 2019 from https:
consumer.findlaw.com/consumer-transactions/what-are-express-and-implied-wa
anties.html