Warranties_review_ver010712

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Warranties
Review Questions
1.
a.
b.
c.
d.
The person who becomes secondarily liable
for another’s debt or performance is called
the:
Guarantee
Warrantor
Guarantor
Warrantee
1.
a.
b.
c.
d.
The person who becomes secondarily liable
for another’s debt or performance is called
the:
Guarantee
Warrantor
Guarantor
Warrantee
2.
An affirmation of fact or promise made by the
seller to the buyer that relates to the goods
and becomes a part of the basis of the
bargain creates…..
a. An implied warranty
b. A full warranty
c. An express warranty
2.
An affirmation of fact or promise made by the
seller to the buyer that relates to the goods
and becomes a part of the basis of the
bargain creates…..
a. An implied warranty
b. A full warranty
c. An express warranty
3.
A warranty is a promise that
a. A proposition that certain facts are truly as
they are represented to be and that they
will remain so.
b. A party will undertake collaterally to
answer for the payment of another’s debt
3.
A warranty is a promise that
a. A proposition that certain facts are truly as
they are represented to be and that they
will remain so.
b. A party will undertake collaterally to
answer for the payment of another’s debt
4.
All of the following are reasons that
construction warranties are required
EXCEPT:
a. To protect the owner against faults, defects, or
failures, in spite of technical compliance with the
terms of the contract.
b. To provide a remedy to the owner for non
conformance with the contract after completion and
acceptance of construction.
c. To give the owner recourse against additional
parties who are not in a direct contractual
relationship with the owner.
d. To stop the manufacturer’s responsibility at the end
of the correction period.
4.
All of the following are reasons that
construction warranties are required
EXCEPT:
a. To protect the owner against faults, defects, or
failures, in spite of technical compliance with the
terms of the contract.
b. To provide a remedy to the owner for non
conformance with the contract after completion and
acceptance of construction.
c. To give the owner recourse against additional
parties who are not in a direct contractual
relationship with the owner.
d. To stop the manufacturer’s responsibility at the end
of the correction period.
5.
a.
b.
c.
d.
A written warranty that fails to meet one or
more of the minimum standards for a “full
warranty” is….
An express warranty
A warranty of title
An implied warranty
A limited warranty
5.
a.
b.
c.
d.
A written warranty that fails to meet one or
more of the minimum standards for a “full
warranty” is….
An express warranty
A warranty of title
An implied warranty
A limited warranty
6.
“Terms and Conditions” refers to:
a. The requirements that apply to maintaining
valid warranties.
b. The general conditions and supplementary
conditions.
c. The contract between the owner and the
contractor
d. Insurance settlements.
6.
“Terms and Conditions” refers to:
a. The requirements that apply to maintaining
valid warranties.
b. The general conditions and supplementary
conditions.
c. The contract between the owner and the
contractor
d. Insurance settlements.
7.
a.
As a result of the widely held misconception
that a contractor’s responsibility for defective
work lasts only for one-year guaranty period:
The Supplementary Conditions should state that
the period lasts a specific additional amount of
time.
b. EJDC and AIA have changed their documents to
say correction period instead guaranty period.
c. The owner accepts any repairs after the date
d. The courts relieve the contractor of his
responsibility.
7.
a.
As a result of the widely held misconception
that a contractor’s responsibility for defective
work lasts only for one-year guaranty period:
The Supplementary Conditions should state that
the period last a specific additional amount of
time.
b. EJDC and AIA have changed their documents
to say correction period instead guaranty period.
c. The owner accepts any repairs after the date
d. The courts relieve the contractor of his
responsibility.
8.
When the General Conditions state that the
Contractor shall correct any work to be found
defective within one year after the date of
substantial completion;
a. The specific warranties on the project are
nullified after the date
b. The Contractor is responsible for no other work
to be done after that date.
c. The Contractor may still have to perform
corrections when evidence is presented to
overcome the presumption that they are the
responsibility of the owner
d. The architect is responsible for corrections that
he did not catch during the final punch list.
8.
When the General Conditions state that the
Contractor shall correct any work to be found
defective within one year after the date of
substantial completion;
a. The specific warranties on the project are
nullified after the date
b. The Contractor is responsible for no other work
to be done after that date.
c. The Contractor may still have to perform
corrections when evidence is presented to
overcome the presumption that they are the
responsibility of the owner
d. The architect is responsible for corrections that
he did not catch during the final punch list.
9.
According to the UCC (Uniform Commercial
Code) a full warranty includes:
a. Full refund of the cost of the product or
replacement of the product.
b. Labor to repair or replace the product
c. Consequential or incidental damages due
to failure of the product
d. All of the above
9.
According to the UCC (Uniform Commercial
Code) a full warranty includes:
a. Full refund of the cost of the product or
replacement of the product.
b. Labor to repair or replace the product
c. Consequential or incidental damages due
to failure of the product
d. All of the above
10. All of the following are true about
extended warranties EXCEPT:
a.
b.
c.
d.
They are usually written from the
manufacturer’s point of view
They usually prorate the product for the years
of service it has already performed
Usually exclude consequential damage to any
building components other than the warranted
product itself
Most manufacturers find the risks
inconsequential and do not limit performance.
10. All of the following are true about
extended warranties EXCEPT:
a.
b.
c.
d.
They are usually written from the
manufacturer’s point of view
They usually prorate the product for the years
of service it has already performed
Usually exclude consequential damage to any
building components other than the warranted
product itself
Most manufacturers find the risks
inconsequential and do not limit performance.
Answers
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
c
c
a
d
a
a
b
c
d
d
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