What constitutes an express warranty?

An express warranty refers specifically to a formal guarantee made by the seller about the quality or performance of a product. This warranty is explicitly stated, often in writing, and communicates to the buyer certain assurances regarding the attributes of the product.

A manufacturer's claim that a product is safe directly aligns with the definition of an express warranty. When a manufacturer explicitly states that their product is safe for use, they are providing a specific assurance to the consumer. This statement serves as a legally enforceable promise that holds the manufacturer accountable for the product's safety as claimed.

The other options are less precise in their definitions. A general statement about a product’s quality does not constitute an express warranty; it may be considered vague or more of a marketing claim than a specific guarantee. The absence of defects in any product sold is more aligned with implied warranties, which assume that products will be free of defects without the need for an express declaration. Lastly, a legally binding agreement between two parties encompasses a broader scope than just warranties and may involve various aspects of contractual obligations, not solely product claims.