An express warranty is created when a seller makes a guarantee to the buyer that the product/service being offered has certain qualities.
Presenting an express warranty to a customer could potentially give rise to a product liability claim towards the company due to a marketing defect.
[4] Example:A buyer wants to purchase a machine from Company X that he/she needs in order to get a specific job done.
Additionally, the representative orally confirms that what is being stated in the brochure is true; these affirmations led the buyer to purchase the machine.
Therefore, the buyer could sue for breach of express warranty and could also file a product liability claim.