What are legal defenses to breach of warranty?

Answer 1

The most common are that the problem is not covered within the specic written terms of the warranty, because the owner did something to void the warranty or that the warranty has expired. For example a car warranty would cover defects in manufacturing of a particular part, but not accidental damage to that part. If an engine part failed due to a defect, it would be covered, but if it were damaged in an accident, the defense would be that it is not covered under the warranty becacuse it was not a defect. A condition of a warranty might be that the car must be maintained properly, with oil changes, etc. If an engine part failed dure to improper or no maintenance, the defense would be that that damage is not covered under the warranty because the owner failed to keep the engine properly maintained. Another defense is that the damage occurred outside the time period or mileage limit of the warranty. If there is a 1 year warranty, an engine that fails on the last day of the warranty would be covered, but an engine thet failed 1 day later would not be covered. Same goes for any mileage limitation. If the engine has a 50,000 mile warranty and the engine fails at 50,000 miles it will be covered but if it fails at 50,000, the defense would be that it is no longer covered.