Breach of Warranty Claims in Kentucky: Goods That Don’t Work as Promised
When you buy a product — whether it is a car, an appliance, construction materials, or commercial equipment — you expect it to work as advertised. When it does not, Kentucky law provides remedies through breach of warranty claims. Understanding the different types of warranties and how to enforce them can make the difference between absorbing a loss and recovering what you are owed.
Types of Warranties Under Kentucky Law
Kentucky has adopted the Uniform Commercial Code (UCC), codified at KRS Chapter 355, which governs the sale of goods. The UCC creates several types of warranties that may apply to your purchase.
Express Warranty (KRS 355.2-313): An express warranty is created when a seller makes a specific affirmation of fact or promise about the goods, provides a description of the goods, or shows a sample or model. If the seller tells you the roof shingles will last 30 years, or that the truck can tow 10,000 pounds, those statements can create express warranties — and you can hold the seller to them if the product fails to perform as promised.
Implied Warranty of Merchantability (KRS 355.2-314): This warranty arises automatically in every sale by a merchant — someone who regularly deals in goods of that kind. It guarantees that the goods are fit for their ordinary purpose. A toaster should toast bread. A car should drive safely. Lumber should be structurally sound. If the product fails at its basic function, the implied warranty of merchantability has been breached.
Implied Warranty of Fitness for a Particular Purpose (KRS 355.2-315): This warranty arises when a seller knows the buyer’s particular purpose for the goods and the buyer relies on the seller’s expertise in selecting them. For example, if you tell a paint supplier you need paint that can withstand industrial chemical exposure and they recommend a specific product that fails, you may have a claim under this warranty.
Warranty Disclaimers and Limitations
Sellers frequently attempt to disclaim warranties — particularly implied warranties — through “as is” language or limitation clauses in their contracts. Kentucky law permits these disclaimers, but they must meet specific requirements to be enforceable.
Under KRS 355.2-316, a disclaimer of the implied warranty of merchantability must specifically mention “merchantability” and, if in writing, must be conspicuous. A disclaimer of the implied warranty of fitness must be in writing and conspicuous. The word “conspicuous” matters — fine print buried in a lengthy contract may not satisfy this requirement. An “as is” or “with all faults” sale can disclaim all implied warranties, but courts examine whether the buyer truly understood and agreed to that term.
The Magnuson-Moss Warranty Act
For consumer products, the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) adds another layer of protection. This law requires that written warranties be clearly designated as either “full” or “limited” and sets minimum standards for warranty terms. Importantly, if a seller provides a written warranty on a consumer product, the Magnuson-Moss Act generally prohibits the seller from disclaiming implied warranties. This means the “as is” disclaimer that might work in a commercial transaction often does not work in a consumer sale accompanied by a written warranty.
Notice Requirements
One critical — and frequently missed — requirement is the notice obligation. Under KRS 355.2-607(3), a buyer who has accepted goods must notify the seller of any breach within a reasonable time after discovering or should have discovered the breach. Failure to provide timely notice can bar your warranty claim entirely. This does not require a formal legal demand — a phone call or email explaining the problem can suffice — but the key is to communicate the issue to the seller promptly rather than sitting on it.
Statute of Limitations
Warranty claims under the UCC must be filed within four years of the date of delivery of the goods, under KRS 355.2-725. Note that the clock starts at delivery, not when you discover the defect — unless the warranty explicitly extends to future performance, in which case the limitations period runs from when the breach is or should have been discovered.
Remedies for Breach of Warranty
If you prove a breach of warranty, Kentucky law provides several remedies. The basic measure of damages is the difference between the value of the goods as warranted and the value of the goods as actually delivered, measured at the time and place of acceptance (KRS 355.2-714). You may also recover incidental and consequential damages, such as the cost of inspecting defective goods, expenses incurred in handling them, and any losses resulting from the defect that the seller could have reasonably foreseen.
When to Consult an Attorney
Breach of warranty claims can range from straightforward consumer disputes to complex commercial litigation involving significant dollar amounts. The notice requirements, disclaimer issues, and statute of limitations traps make it important to get legal advice early — before you lose a claim on a technicality.
If you purchased goods that failed to perform as promised and you believe the seller should be held accountable, Buckles Law Office can evaluate your warranty claim and advise you on your options. Call (859) 225-9540 to schedule a consultation.
