Re: [tlug] Is a power supplier under warranty?

["Stephen J. Turnbull" <stephen@example.com>]

Darren Cook writes:

 > >> What does "one year guarantee" mean then? :-)
 >
 > > Usually it's a "one year warranty"; but yes, you have a point...in
 > > order to compete with the bigger fish, some manufacturers offer
 > > guarantees instead...
 > 
 > I thought they were synonyms (and my dictionary for 保証 lists both
 > guarantee and warranty), but a quick google tells me (that in British
 > English at least) a guarantee is what you get as part of your main
 > purchase, a warranty is something you pay extra for:
 > http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warranty-1314.htm

This one looks a heck of a lot more reliable to me, in American or
British:

http://dictionary.reference.com/help/faq/language/d51.html

As far as I can tell from reading several links from a Google search,
in common-law jurisdictions a warranty is a contract, usually
specifies repair or replacement as the remedy for any of several
specific defects in a physical good, and usually is provided as a
written document with the product.  The fact that the warranty is a
contract means that the buyer must actually pay for it (ie, provide
consideration), but that doesn't necessarily mean "extra", as the
physical good may always come bundled with the warranty.  (This is
automatically true of "implied warranties", for example.)  Typically
warranties are voided by transfer of the product (since the new
recipient has not paid the original seller anything).

A guarantee is more generally a promise to perform some function at a
certain level of quality, often by a physical good but also frequently
applicable to a service.  A guarantee need not be a formal written
contract, but might also be a statement in a public advertisement or
the like.  If it is clearly intended to convince people to buy the
product, it may be valid in the absence of payment, and often will be
transferable to third parties along with the product.

As far as I can tell, only "warranty" has legal meaning in the U.S.
That is, "guarantee" has a rather different meaning: the *person* to
whom a guaranty[sic] is made.  A guaranty is a third party's promise
to fulfil the second party's promise, if the second party does not
keep it (in Japan, 連体保証人 is an obnoxious, because ubiquitous and
very frequently abused, example).  For the U.S. meanings, see

http://legal-dictionary.thefreedictionary.com/warranty
http://legal-dictionary.thefreedictionary.com/guarantee

However, the EU has directives about "guarantees".

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

I think that sufficiently clouds the issue!

 > Which is being pedantic but, hey, this is TLUG ;-)

If you didn't know that by now, well, now you do! :-)