• Journal of Arbitration Studies
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• v.13 no.2
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• pp.291-319
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• 2004

The seller may take a warranty with respect to the goods. If they are not as warranted, they may be held liable for the breach of warranty. Even when they has not made a warranty, the law will in some instances hold them responsible as though they had made a warranty. An express warranty is a part the basis for the sale. That is, the buyer has purchased the goods on the reasonable assumption that they were as stated by the seller. When the buyer intends to use the goods for a particular or usual purpose, as contrasted with the ordinary use for which they are customarily sold, the seller makes an implied warranty that the goods will be fit for the purpose when the buyer relies on the seller's skill or judgment to select or furnish suitable goods, and when the seller at the time of contracting knows or has reason to know the buyer's particular purpose and his reliance on the seller's judgment. A merchant seller who makes a sale of goods in which he customarily deals makes an implied warranty of merchantability. The Uniform Commercial Code expressly abolishes the requirement a privies to a limited extent by permitting a suit for breach of warranty to be brought against the seller by members of the buyer's family, his household, and his guests, with respect to personal injury sustained by them. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement. At common law the rule was that only the parties to a transaction had my rights relating to it. Accordingly, the buyer could sue his immediate seller for breach of warranties. The rule was stated in the terms that there could be no suit for breach of warranty unless there was a privies of contract. The code expressly abolishes the requirement of privies to a limited extent by permitting a suit for breach of warranty to be bought against the seller by members of the buyer. Apart from the express provision made by the Code, there is a conflict of authority as to whether privies of contract is required in other cases, with the trend being toward the abolition of that requirement.

• Journal of Korean Society for Quality Management
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• v.20 no.1
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• pp.39-47
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• 1992

This paper is concerned with cost analysis and determination of warranty period in a stepdown warranty policy. Manufacturer's warranty cost is analyzed for nonrepairable item, where the warranty is assumed to be renewed at any failure within the warranty period. It is shown that from this result in free replacement policy, pro-rata policy and hybrid policy can be easily calculated. The method of determining optimal warranty period is also explored.

• Journal of Korean Institute of Industrial Engineers
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• v.15 no.2
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• pp.87-91
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• 1989

A warranty is a contractual obligation incurred by a producer in connection with the sale of a product. The warranty specifies that producer agrees to remedy certain failures in the product sold. There have been many articles dealing with warranties, but they have studied about optimal warranty cost for the warranty period. In this study, an optimal preventive maintenance time interval is computed. The optimal preventive maintenance time interval minimizing warranty cost for the warranty period is discussed. It is assumed that failure rate is increasing and the failure rate after preventive maintenance or corrective maintenance lies between good as new and bad as old.

• Journal of Korean Institute of Industrial Engineers
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• v.11 no.2
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• pp.11-18
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• 1985

Three types of warranty policies are considered. They are (1) free warranty policy for repairable products, (2) free warranty policy for nonrepairable products, and (3) rebate warranty policy. Under each warranty policy, a single sampling attribute plan with non-destructive testing is considered. A sampling plan is characterized by the sample size and the acceptance number. For each case, characteristics of an optimum sampling plan are discussed and determined, which minimize the warranty cost and the corresponding quality control cost within the assigned producer's risk and consumer's risk.

• Journal of Korean Society for Quality Management
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• v.19 no.1
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• pp.103-114
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• 1991

This article is concerned with cost analysis in warranty policy. The warranty cost can be different according to warranty rate and warranty renewal policy. In this paper the stepdown warranty policy is analyzed. Assuming the nonrepairable item, manufacturer's cost is calculated in stepdown warranty policy and free replacement, pro-rata, hybrid policy. Numerical examples are given over Weibull time-to-failure distribution.

• International Journal of Reliability and Applications
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• v.7 no.1
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• pp.71-77
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• 2006

The market for second hand products has been growing for a variety of reasons (e.g., new products appearing at a faster rate and the expected life of products increasing due to rapid advances in technology). The demand for warranties for second-hand products has been growing along with the growth of the market for second-hand products. Warranty for new products (consumer durables, industrial and commercial, and specialized defense products) has received a lot of attention. In contrast, warranties for second-hand product have received very little attention. Often, dealers of second-hand product such as cars offer 2D-warranties (Year and Kilometers). The expected warranty cost associated with a second-hand product for 2D-Policies is a function of the age of the item and its usage (as it affects failures over the warranty period), the warranty terms and the servicing strategy used by the dealer. This paper deals with development of models for warranty cost analysis along with the decision on sale price and warranty cover for 2D-Warranty policies associated with sale of second-hand products.

• Journal of Applied Reliability
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• v.14 no.2
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• pp.122-128
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• 2014

In this paper, we consider the periodic preventive maintenance model for a repairable system following the expiration of extended warranty under replacement-repair warranty. Under the replacement-repair warranty, the failed system is replaced or minimally repaired by the manufacturer at no cost to the user. Also, under extended warranty, the failed system is minimally repaired by the manufacturer at no cost to the user during the original extended warranty period. As a criterion of the optimality, we utilize the expected cost rate per unit time during the life cycle from the user's perspective. And then we determine the optimal preventive maintenance period and the optimal preventive maintenance number by minimizing the expected cost rate per unit time. Finally, the optimal periodic preventive maintenance policy is given for Weibull distribution case.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.10 no.15
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• pp.23-32
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• 1987

This paper proposes a stepdown warranty policy: the warranty period consists of subintervals where the manufacturer's compensation is constant for warranty failures and decreases with the subinterval's number. Manufacturer's unit warranty cost is analyzed for both irrepairable and repairable products. we assume that only minimal repairs are performed for repairable items. Comparison with the free replacement polity indicates that the proposed policy has a longer warranty period if tile warranty reserves are the same and that manufacturer`s unit warranty cost is smaller if the warranty periods are tile same. Some numerical examples are also given.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.275-305
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• 2009

Marine insurance contracts, which intended to provide indemnity against marine risks upon the payment of price, known as a premium, originated in Northern Italy in the late 12th and early 13th centuries. The law and practice were later introduced into England through the Continent. It is, therefore, quite exact that English and European marine insurance law have common roots. Nevertheless, significant divergences between English and European insurance systems occurred since the late 17th century, mainly due to different approaches adopted by English courts. The rule of warranty in English marine insurance was developed and clarified in the second part of the 18th century by Lord Mansfield, who laid the foundations of the modern English law of marine insurance, and developed different approaches, especially in the field of warranty in marine insurance law. Since the age of Lord Mansfield, English marine insurance law has a unique rule on warranty. This article is, therefore, designed to analyse the overall rule of the rule of warranty in English marine insurance law. The result of analysis are as following. First, warranties are incorporated to serve a very significant function in the law of insurance, that is, confining or determining the scope of the cover agreed by the insurer. From the insurer's point of view, such the function of warranties is crucial, because his liability, agreed on the contract of insurance, largely depend on in, and the warranties, incorporated in the contract play an essential role in assessing the risk. If the warranty is breached, the risk initially agreed is altered and that serves the reason why the insurer is allowed to discharge automatically further liability from the date of breach. Secondly, the term 'warranty' is used to describe a term of the contract in general and insurance contract law, but the breach of which affords different remedies between general contract law and insurance contract law. Thirdly, a express warranty may be in any form of words from which the intention to warrant is to be inferred. An express warranty must be included in, or written upon, the policy, or must be contained in some document incorporated by reference into the policy. It does not matter how this is done. Fourthly, a warranty is a condition precedent to the insurer's liability on the contract, and, therefore, once broken, the insurer automatically ceases to be liable. If the breach pre-dates the attachment of risk, the insurer will never put on risk, whereas if the breach occurs after inception of risk, the insurer remains liable for any losses within the scope of the policy, but has no liability for any subsequent losses. Finally, the requirements on the warranty must be determined in according to the rule of strict construction. As results, it is irrelevant: the reason that a certain warranty is introduced into the contract, whether the warranty is material to the insurer's decision to accept the contract, whether or not the warranty is irrelevant to the risk or a loss, the extent of compliance, that is, whether the requirements on the warranty is complied exactly or substantially, the unreasonableness or hardship of the rule of strict construction, and whether a breach of warranty has been remedied, and the warranty complied with, before loss.

• Journal of Distribution Science
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• v.11 no.2
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• pp.23-33
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• 2013

Purpose - Numerous studies have tried to assess the role of a warranty as an explanatory instrument for product quality. While one study argued that manufacturers signal their superior quality to consumers by extending the duration of a warranty, quality is not necessarily related to warranty and a warranty for a short duration is a sign of high product quality. However, there are limitations to measuring product quality in terms of a single variable such as a warranty. Some other studies have evaluated the influence of brand power or value and price on the supposed quality of a product while the influence of warranty was found to be insignificant. Research design, data, methodology - The study analyzes the influence of brand power and the country of origin effect on consumers' perception of product quality in line with warranty and establishes a priority strategy. Especially, consumer experience has a significant influence on state of the art technology products like applied home electronics as these goods are generally quite expensive and consumers expend significant energy in purchasing them, so the associated warranty and brand can have a critical role in the decision making process. The price of the product was excluded in this discussion as it continually varies with the market share of the product. Results - The results of the analysis are as follows: First, each of the factors such as the standard of the warranty, brand power, and country of origin effect influences the degree of satisfaction of an individual. Second, the factors brand power and quality of the warranty interact both complementarily and synergistically at a time, depending on the brand power. As brand power is more significant, the degree of satisfaction is greater in case of products with low quality warranty compared to those with high quality warranty. Third, the brand power and country of origin effect present a complementary interaction. Fourth, the country of origin effect and quality of a warranty interact synergistically. Conclusions - Thus, the higher the quality of warranty, greater is the increment in the degree of satisfaction. The comprehensive study on the effect of the country of origin on the purchase decision process and the degree of satisfaction compared to the other elements shows that in case of Japanese and Korean markets the brand power of a company is desirable in sustaining the quality of warranty to the industrial average. Also, there is no significant improvement in the perceived quality of the product when the quality of the warranty is lowered. Therefore, the warranty effect diminishes when the value of the brand is known, while it perishes when both the brand power and the country of origin effect are strong enough.