The company may face warranty claims if your business manufactures or sells products for distribution or directly as a retail establishment.
Under Massachusetts law, manufacturers and sellers of goods warrant that the products work in the manner described for a reasonable period. Some companies also provide an express warranty that expands on the implied warranty of merchantability.
Relationship between the parties
Your business’s defense against a warranty claim is that it did not have a contractual relationship with the person bringing the claim. Although Massachusetts law states that no contractual relationship is not a defense, courts in the state continue to require a showing that there was privity between the claimant and the company. You can only use this defense for express warranties in a commercial transaction. For implied warranties, the courts do not require a showing of privity between the parties.
Product not used in its intended manner
Another defense to a warranty claim is that the purchaser did not use the product in an intended manner. Sometimes purchasers of products do not follow all instructions for use. If you can get the claimant to describe how they used the product, they might admit to not using the item as prescribed. Some things have specific storage and handling requirements. You can refute their warranty claim if the user does not store or handle the product appropriately. An extreme example is a product that requires refrigeration spoiled because the buyer did not keep it in the refrigerator.
Your business has a responsibility to manufacture or sell products that work correctly. You may face warranty claims if your products do not function.
