Final answer:
Disclaimers are the main defense against claims for breach of implied warranties of merchantability and fitness for a particular purpose under express warranty. These disclaimers must be prominently displayed and written clearly to be effective. Other defenses such as contributory negligence, comparative negligence, and assumption of risk do not generally apply to warranty claims.
Step-by-step explanation:
The defenses for warranties of merchantability and fitness for a particular purpose under an express warranty primarily include disclaimers. A disclaimer is a statement that negates warranties, providing that no promises are made regarding the quality or fitness of the goods being sold. This means that the seller is not making the implied warranties that goods are merchantable or fit for a particular purpose. When a valid disclaimer is in place, it may preclude the buyer from pursuing legal remedies related to these implied warranties. Contributory negligence, comparative negligence, and assumption of risk are defenses to negligence claims and are not typically applicable to warranty claims.
In order to be effective, disclaimers must be prominently displayed and specifically written to ensure the buyer is aware of them before the purchase is made. In some jurisdictions, certain types of disclaimers can be limited or invalidated if they are deemed unfair or if they contravene public policy. Therefore, the applicability and effectiveness of disclaimers can vary based on the state law governing the sales contract.
It is also worth noting that warranties can significantly affect consumer and business transactions. Guarantees, warranties, and service contracts are forms of explicit reassurance that sellers offer to instill confidence in the buyer. However, some businesses also provide unstated guarantees, commonly referred to as customer service policies, such as exchanges or refunds when customers are unsatisfied with the product or service.