Sample Essay

The most commonly used disclaimers and limitations that unnecessarily reduce the liability of the manufacturers include exclusion of carriage costs like transportation and shipping, limitation of product use to home, exclusion of certain parts, applicability of warranty on certain parts of the products, exclusion of warranty in case of damages occurring ensuing purchase, and the most variable of all warranty being dependent on the good judgment and governing of the manufacturer on  a case by case basis.

Aside from this the majority of the businesses providing warranties have them applicable within 1-3years of the purchase for the customers therefore limiting the functioning for purpose clause to a minimum number of 1 to 3 years. Comprehensively the article provides that when it comes to applying warranties companies mostly tend to keep an open argument clause which leaves them with room to decide on fulfilling the terms of the warranty in terms of the liability payable only where it is favorable for the company.

The analysis of the article by Moss (2001) and the information provided by Miller and Jentz (2008) in their book depicts that while consumer protection and manufacturer protection laws exist, major appliance companies in theUnited Statestend to form warranties based on their own good judgment. In most cases the warranties tend to favor the manufacturer unconditionally with little room for consumer protection. Moreover the variance found in the warranties studied through the research undertaken for the article it has been revealed that a statutory guideline is required which standardizes the elements and components of a warranty. This would aid in making the warranties offered more comprehensive and complete.

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