What is the primary distinction between express warranties and implied warranties?

The primary distinction between express warranties and implied warranties lies in how they are created and communicated to the consumer. Express warranties are those that are explicitly stated by the seller, through words or written documents, making it clear what the seller guarantees regarding the product's quality, condition, or functionality. These warranties are intentionally conveyed during the sales process.

In contrast, implied warranties do not require any explicit statement from the seller. Instead, they are automatically imposed by law based on the nature of the transaction or circumstances surrounding the sale. For instance, in many jurisdictions, certain implied warranties assure that the goods sold are fit for a particular purpose or are of satisfactory quality, regardless of any specific acknowledgment by the seller.

Therefore, the distinction primarily rests on the explicit nature of express warranties versus the automatic, legal nature of implied warranties. Understanding this difference is crucial for consumers as it helps them recognize their rights and the protections available to them when purchasing goods.