Guarantees?

[andrew whicker]

Hi,

If you're willing to share.. what are some aspects of your guarantee statements? Shipping and handling? How do you describe misuse? If someone puts a humidifier on one end of the table for years, for example?

Do you leave out the guarantee completely? Do you give care instructions to the customer?

cheers,

[Steve Rozmiarek]

Our company sells home builds predominantly, but that includes lots of stuff. We guarantee our work, not anyone else's materials that went into the project. If we were to build something tremendously wrong then there are insurance policies backing the error in our work that way. If a material fails, like shingles for example, the manufacturers warranty applies, not ours. It applies to shop built cabinets and built ins too, but there is a disclaimer with care directions to be signed during the build. What I've found is that usually when a customer needs some warranty work, they really want to modify something they changed their minds on, so it usually turns into a sales call.

[Ed Edwards]

Andrew
Are you interested in a specific warranty or guaranty? The following maybe helpful, of course the best answer(s) may be better served by counsel.
Ed

Definitions

Warranty

In simpler terms, a warranty is like an insurance policy in which parts of the product/service bought can be insured through repair or replacement. It may also be seen as a written guarantee where a company/agency provides assurance to another party of specific facts, conditions and remedy. This means that if a fact is not met by the product or service, it allows the consumer to receive a remedy, in most cases, free repair or product replacement. Take note however, a warranty can and may have an expiration date and may not be applicable to all products and services.A sample guarantee provided by the manufacturer that states a defective product may be repaired without charge to the consumer with conditions.Guarantee

Guarantee on the other hand, is a legal term that is of higher import than warranty. It is generally a promise or an assurance that attests to the quality and/or durability of a product or service. It may also be seen as a pledge where a product or service will perform in a specified manner. A guarantee is usually free and is legally binding. Also, it will take effect whether or not you have a warranty. In other words, a guarantee is separate from a warranty that’s provided by a service provider, manufacturer or other third parties.Comparison Chart

Warranty	Guarantee
Written contract	May be verbal or written (verbal may need the presence of a witness to be enforced)
Provided by manufacturer	Can be provided by a third party
Does not affect the rights under the consumer act	Addition to legal consumer rights
Generally provides repair or replacement of a product	Provides repair, replacement and refund for a product or service

Warranty vs Guarantee

What’s the difference between warranty and guarantee? While both terms can be seen as contingent contracts, they have their differences. Generally, a warranty is a formal statement of a fact that’s part of the contract. It should specifically mention conditions and facts and is exclusively used for a product. For example, if a warranty states that a product purchased will last for a period of time, let us say 5 years, it is the responsibility of the manufacturer to replace, repair, or even refund you for the product purchased unless stated otherwise. You on the other hand will need to provide evidence that the product was in no way misused, or that it isn’t simply the case that it isn’t needed anymore. Depending on jurisdiction, a condition still must be met.A guarantee on the other hand, would most likely be a promise to sort out any problems with a product or service within a fixed period of time. One other difference between the two is that a guarantee can be provided by a third party besides the manufacturer. That being said, it may not last as warranties do and may not cover a wide range of problems like a warranty does, but is still as effective as a warranty. In addition, a guarantee may be expressed through verbal or written agreement, although, when a verbal guarantee is used, it is always a good idea to have a witness in case you need to enforce that guarantee

[Richard Coers]

I've been selling work for over 40 years, both residential and commercial. 8 years in a full time business. I overbuild all my work to last for generations. I've only had one issue in all that time. The friction finish on an ink pen wasn't compatible with the hand lotion she used. Made her a brand new one, never used friction polish again. I would only baulk on the most egregious abuse of something I sold. I'm a firm believer in the old saying that a satisfied customer will tell 5 people about your work, but an unhappy customer will tell 100. I have a good reputation in my community, and I won't let that change!

[Frederick Skelly]

I've been selling work for over 40 years, both residential and commercial. 8 years in a full time business. I overbuild all my work to last for generations. I've only had one issue in all that time. The friction finish on an ink pen wasn't compatible with the hand lotion she used. Made her a brand new one, never used friction polish again. I would only baulk on the most egregious abuse of something I sold. I'm a firm believer in the old saying that a satisfied customer will tell 5 people about your work, but an unhappy customer will tell 100. I have a good reputation in my community, and I won't let that change!

Sure wish everyone worked like you, Sir. Good on ya!

[Michael W. Clark]

We supply custom designed industrial equipment. We offer a warranty on materials and workmanship. We also offer a performance guarantee that the equipment will perform as stated per the design data in the contract and that the equipment is properly maintained. The guarantee is for the life of the equipment, which varies by the application. The warranty expires based on when the equipment was put in service or a certain period after shipment.

There is no real warranty on shipping in my experience, any damage is the responsibility of the owner (or shipper). For example, if the delivery point is our manufacturing shop (FOB Shop - you may have heard this before), then the customer is the shipper and they take delivery after we load the equipment on their truck. If the delivery point is the customer's site, then we are responsible for any damage till it gets to the customer. Take a look at Incoterms, they are formal global definitions for shipping responsibilities.

I think you are looking more at a warranty than a guarantee.

Not sure if this helps or if you can draw any similarities to what you are doing.

[Bill Dufour]

Lowes used to offer a guarantee that if the website showed an item in stock you could order it for pickup and it would be there. I tried to buy some pex tubing this way 3 times their website claimed it was in stock but they had none. The guarantee meant nothing. It said nothing about any recourse if they lied. I finally convinced them to deliver it to my house, for free, when they got some in stock.
Bill D.

[Thomas McCurnin]

My masonry contractor had a 100% lifetime crack guaranty for concrete pours.

His work was guaranteed to crack.

[Jim Becker]

I think there are many small "creator" businesses that overlook having a defined (and written) policy around warranty...including my own...and it can bite them with some clients. I would advise that structuring the same is best done with the assistance of an attorney, not only to get the language clear and correct, but also to insure it's adherent to any state laws/regulations, etc., that govern the same.