This clause promises that goods or services will meet a certain standard or specification. If they don't, the supplier must fix it, replace it, or refund your money. This is a safety net because sellers are legally responsible for delivering what they promised—this is called "fitness for purpose" in UK law and "merchantability" in US law. For example, if you buy a printer guaranteed to print 50 pages per minute and it only prints 30, the guarantee gives you recourse.
Make sure the guarantee specifies exactly what "performance" means with numbers or measurable standards—vague promises like "good quality" are hard to enforce. Check whether the guarantee covers the full contract period or just an initial period, and confirm who pays for testing if there's a dispute. Ask for a written list of what's guaranteed and what's explicitly excluded. ---
Frequently Asked Questions
What does this clause mean in simple terms?
This clause promises that goods or services will meet a certain standard or specification.
Why should I care about this clause?
If they don't, the supplier must fix it, replace it, or refund your money.
What are my options?
This is a safety net because sellers are legally responsible for delivering what they promised—this is called "fitness for purpose" in UK law and "merchantability" in US law.
How does this affect small businesses?
For example, if you buy a printer guaranteed to print 50 pages per minute and it only prints 30, the guarantee gives you recourse.