ABSTRACT
A "warranty" is a seller's representation, be it expressed or implicit, as to a material quality of a product. Generally, warranty obligations attach only to persons who sell such products in the ordinary course of their business. The distinction between express and implied warranties is this: an express warranty is a seller's stated affirmation of a product's performance, efficacy, or safety. Product sellers may create express warranties when they make affirmative claims about the quality, safety, performance, and durability of their product. The seller's affirmation as to safety or performance may be spoken, written, broadcast, or any other conventional form of communication. A variety of express warranty claims arise concerning the sale of agricultural chemicals. Implied warranties of merchantability and of fitness for a particular purpose may be disclaimed by properly worded and conspicuous expression in the selling documents. By explicit provision in sales documents, a seller may "limit or alter" a buyer's measure of damages.
