You buy goods from a supplier. They arrive damaged. Or they fail after three weeks. Or they don't match the description. What can you actually do? That depends on the warranty clauses in your agreement. A good warranty clause protects you. A weak one leaves you with no recourse.
What is a warranty?
A warranty is a promise the supplier makes about the goods. They promise the goods are of satisfactory quality, fit for purpose, as described, free from defects, or will work for a certain period. If the promise is broken, the supplier is liable.
Under the Sale of Goods Act 1979, some warranties are implied automatically. The goods must be of satisfactory quality, fit for purpose, and as described. But business-to-business supply agreements often modify or exclude these implied warranties. That's where your negotiation matters.
Statutory warranties under the Sale of Goods Act
If you buy goods from a supplier in the UK, you automatically get these statutory warranties:
Satisfactory quality: The goods must be of a quality you could reasonably expect. They shouldn't be broken, defective, or unsafe.
Fitness for purpose: If you told the supplier what you needed the goods for, they must be fit for that purpose. If you buy welding equipment and specify "for underwater use," the equipment must work underwater.
As described: The goods must match the description you were given. If the label says "stainless steel" and it's mild steel, that's a breach.
These are powerful protections. But here's the catch: in a business-to-business contract, these warranties can sometimes be excluded if the contract says so. A clause like "all goods sold as seen, with no warranty of quality or fitness" can strip away these protections.
Express warranties: what the supplier promises
Beyond statutory warranties, your supplier might make specific promises. For example: "All goods come with a 12-month warranty against manufacturing defects" or "We guarantee this equipment will produce 1,000 units per hour."
These are express warranties. They add to the statutory rights. A well-drafted warranty clause specifies:
What is covered: Manufacturing defects? Design defects? Damage during shipping? Normal wear and tear? Be specific.
How long it lasts: One year? Two years? Indefinitely? The longer the period, the more valuable the warranty.
What you must do: Report defects within 30 days? Inspect goods within 14 days? If you don't follow these procedures, the warranty might lapse.
What the remedy is: Repair? Replacement? Refund? The supplier might offer to repair instead of refunding, which saves them money but extends your downtime.
Warranty exclusions: what's NOT covered
A warranty is only valuable if you understand what it covers. Equally important is what it excludes:
Damage from use: "We don't warrant against damage caused by normal use." This is reasonable—the supplier can't be liable if you damage the goods through wear and tear.
Misuse or modification: "Warranty void if the customer modifies the goods without our consent." This prevents customers from taking equipment apart and claiming it's defective.
Environmental factors: "We don't warrant against damage from temperature extremes, moisture, or corrosive environments." Fair if you're in a harsh environment.
Acts of nature: "Warranty doesn't cover damage from fire, flood, lightning, or war." Standard exclusion.
Cosmetic defects: "Minor scratches, dents, or discolouration are not warranty claims." This saves the supplier from claims about cosmetic issues that don't affect function.
These are mostly reasonable. But watch for overly broad exclusions: "Warranty voids if the customer inspects the goods"—that's too much.
The warranty period and notice requirements
The warranty only protects you during a specific period. After that, you're on your own. A good warranty clause specifies:
Start date: Does the warranty begin when goods are delivered, or when they're accepted? This matters if goods sit unused for weeks.
Duration: A 12-month warranty is standard for most goods. For critical equipment, push for 24 months. For low-value items, 90 days might be acceptable.
Notice deadline: You must report defects within a certain time. Common periods are 14 days from delivery, or 30 days from discovery. Make sure this is realistic. If you don't report within the deadline, the warranty expires.
Important: mark your calendar. Don't miss the deadline. If goods arrive defective and you miss the notice deadline, you lose the warranty claim.
How to enforce a warranty claim
If goods are defective, here's the process:
Document the defect: Take photos, test results, written descriptions. Evidence matters.
Notify the supplier in writing: Email or letter, within the deadline specified in the warranty. Include: what's defective, when you discovered it, photos/evidence, and what you're claiming (repair, replacement, or refund).
Give them a reasonable chance to fix it: The supplier will typically offer to repair or replace. Give them a deadline—say, 14 days. If they don't respond or the repair fails, escalate.
Escalate if needed: If the supplier doesn't honour the warranty, send a formal letter before claim. State what you're claiming (repair, replacement, refund, or damages) and your deadline. If they still refuse, consider legal action or arbitration.
Warranty disclaimers: when they are void
Some warranty exclusions are unenforceable under UK law. For example:
Excluding implied terms for consumers: If you're a consumer, you can't be forced to give up your statutory rights to quality and fitness for purpose.
Unreasonable exclusions: If a clause excludes liability in a way that's unreasonable, a court won't enforce it.
Excluding liability for fraud: A supplier can't exclude liability if they deliberately misrepresent goods.
If the warranty clause seems to strip away basic protections unfairly, you might have grounds to challenge it.
Next steps
Before signing a supply agreement, carefully review the warranty clauses. Understand what's covered, how long it lasts, what you must do to claim, and what's excluded. Push back on overly broad exclusions. A 12-month warranty with clear notice procedures and repair/replacement remedy is typical.
Questions about warranty protection in your supply agreement? Upload it to QuickLegalCheck for a detailed analysis of your protections.