Scope of the Express Warranty
An express warranty is enforceable on its own terms. If the manufacturer limits the warranty to specific defects or to a specific period, those terms generally apply. However, the manufacturer cannot contract out of the Sale of Goods Act implied warranty of merchantable quality that governs the retailer's liability.
Review the written warranty carefully to identify what is covered and what exclusions apply. Pay particular attention to the definition of 'defect' and any claims process requirements.
The Implied Warranty Continues
Even where the express warranty has expired or does not cover the specific defect, the Sale of Goods Act implied warranty of merchantable quality remains available against the retailer. The implied warranty is not time-limited by the manufacturer's choice and is not waivable in Ontario consumer transactions by CPA s. 9.
The practical effect: where the manufacturer denies a claim but the defect is inconsistent with a reasonable expectation of durability, the consumer may still pursue the retailer under the Sale of Goods Act.
Escalation Path
A written notice of the defect and claim should be sent to the retailer where the manufacturer has refused. The notice should refer to the Sale of Goods Act implied warranty and set out the requested remedy (repair, replacement, or refund).
If the retailer also refuses, the consumer may pursue a chargeback (if the purchase was recent), a regulatory complaint, or a Small Claims Court action. Documentation of the defect, the purchase, and all communications is essential.