Question

Paul Parrino purchased from Dave’s Professional Wheelchair Service a wheelchair manufactured by 21st Century Scientific, Inc. The sales brochure from 21st Century Scientific stated that the wheelchair would “serve [the buyer] very very well for many years to come.” Parrino had problems with the wheelchair within a few years and filed suit against Dave’s and 21st Century for breach of express warranty. Both defended on the grounds that the statement on years of service was puffery, not an express warranty. Are they right? Explain

Answer 1

As per the Uniform Commercial Code, an express warranty is created with any affirmation of fact or promise relating to the product or service that a seller makes to a buyer. However, a seller's obviously exaggerated claim about the quality of a product, such as a car salesperson saying that a car “will last until you are 100 years old” doesn't create a warranty. A court is likely to consider that type of statement a form of puffery and not an actual warranty.

In the present case of Paul Parrino and Dave’s Professional Wheelchair Services, the word “wheelchair would “serve [the buyer] very very well for many years to come.” is an exaggerated claim about the quality of the wheelchair.

Hence, the parties are right that the statement is a form of puffery and not an actual warranty.