eBay members who offer items on eBay and who offer either a written warranty or service contract with the items must, in their item descriptions, provide one of the following:
- The full text of the written warranty
- A statement explaining how a free copy of the written warranty can be obtained upon written request
- A link within the listing that takes members to the warranty details
Violations of this policy may result in a range of actions, including:
- Listing cancellation
- Loss of eBay fees
- Limits placed on account privileges
- Account suspension
Implied Warranties: eBay users in Singapore should familiarise themselves with the provisions on implied warranties in the Sale of Goods Act (Cap 393) (“SGA”). As per the SGA:
(a) There is an implied warranty from the seller as to the title of the goods, i.e., the seller has the right to sell the goods, the goods are free from any encumbrance (unless disclosed or known to the buyer before the contract is made) and that the buyer will enjoy quiet possession of the goods;
(b) There is an implied condition that the goods supplied under the contract are of satisfactory quality, taking into account the description of goods, price and other relevant factors;
(c) Where the seller makes known the purpose for which the goods are being purchased, there is an implied condition that the goods supplied under the contract are reasonably fit for such purpose, unless the buyer does not rely on judgment or skill of the seller; and
(d) In the case of a contract for sale by sample, there is an implied condition that that the goods will correspond with the sample in quality and the goods will be free from any defects.
A seller may be able to negative or vary by express agreement, any implied right, duty or liability arising under a contract of sale of goods, subject to the Unfair Contract Terms Act (Cap. 396).
Under the Unfair Contract Terms Act (Cap. 396), the following liabilities cannot be excluded or restricted by reference to any contract term:
- Liability for breach of the obligations arising from seller’s implied undertakings as to title, etc;
- Liability for breach of the obligations arising from seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose, as against a person dealing as consumer.
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of warranties is highly regulated, or may cause harm to eBay or its members, sellers are restricted in their listing of them on eBay.