Product liability based on a breach of warranty theory is a form of absolute or strict liability, and negligence need not be established. Injury or damages, a defective product and proximate causation are required elements of a breach of warranty action. A warranty may be said to be a promise by a manufacturer or a seller to stand behind a product. It is a statement about the integrity of the product and about the warrantor's commitment to correct problems if and when the product fails. The law recognizes two basic kinds of warranties: express and implied.
Express warranties are explicitly offered by manufacturers or sellers to their customers in the course of a sales transaction, amounting to promises and statements made about their products or about their commitment to remedy the defects and malfunctions that some customers may experience.
Implied warranties are unspoken, unwritten promises, created by state law, that go from a seller to his or her customer. Implied warranties are based on the common-law principle of "fair value for money spent." The two types of implied warranties that occur in consumer product transactions are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
California Disclaimer on Website of Express and Implied Warranties In California, a disclaimer on websites pertaining to express and implied warranties is a crucial element for businesses to protect themselves from potential legal disputes and clarify the limitations of warranty coverage. It is important to accurately and comprehensively inform consumers about the warranties associated with products or services provided on a website. By implementing a clear and concise disclaimer, businesses can effectively manage customer expectations, mitigate risks, and ensure compliance with California state laws. There are several types of California Disclaimer on the Website of Express and Implied Warranties that should be considered. These may include: 1. Express Warranty Disclaimer: This type of disclaimer explicitly states that any express warranties provided by the business are limited to the terms and conditions explicitly mentioned. It clarifies that no other warranties, either written or verbal, are applicable unless explicitly stated. 2. Implied Warranty Disclaimer: In accordance with California's Uniform Commercial Code (UCC), this disclaimer aims to negate any implied warranties that may arise under the law. It notifies consumers that the business does not assume responsibility for the merchantability or fitness for a particular purpose of their products or services unless explicitly stated. 3. Warranty Exclusions: The disclaimer should contain a section outlining specific exclusions to the warranties. This may include clauses that state the warranties do not cover damages arising from misuse, accident, negligence, or unauthorized modifications. It ensures that the business is not held liable for issues resulting from actions beyond its control. 4. Limitation of Liability: It is essential to include a limitation of liability statement to restrict the scope of compensatory damages a consumer can claim. This clause notifies customers that the business will not be responsible for any indirect, incidental, or consequential damages arising from the use of its products or services. 5. Consumer Rights Notice: California law requires businesses to include a statement informing consumers about their rights under state and federal law. This notice should mention that the disclaimer does not limit or modify these rights, ensuring compliance with legal requirements and safeguarding consumer protection. By incorporating these different types of California Disclaimer on the Website of Express and Implied Warranties, businesses can better protect themselves while providing transparency to their customers. It is important to consult with legal professionals familiar with California state laws to ensure the disclaimer is accurate, valid, and customized to meet the specific needs of the business. Regular reviews and updates to the disclaimer may be necessary to adapt to changing legal requirements and business practices.California Disclaimer on Website of Express and Implied Warranties In California, a disclaimer on websites pertaining to express and implied warranties is a crucial element for businesses to protect themselves from potential legal disputes and clarify the limitations of warranty coverage. It is important to accurately and comprehensively inform consumers about the warranties associated with products or services provided on a website. By implementing a clear and concise disclaimer, businesses can effectively manage customer expectations, mitigate risks, and ensure compliance with California state laws. There are several types of California Disclaimer on the Website of Express and Implied Warranties that should be considered. These may include: 1. Express Warranty Disclaimer: This type of disclaimer explicitly states that any express warranties provided by the business are limited to the terms and conditions explicitly mentioned. It clarifies that no other warranties, either written or verbal, are applicable unless explicitly stated. 2. Implied Warranty Disclaimer: In accordance with California's Uniform Commercial Code (UCC), this disclaimer aims to negate any implied warranties that may arise under the law. It notifies consumers that the business does not assume responsibility for the merchantability or fitness for a particular purpose of their products or services unless explicitly stated. 3. Warranty Exclusions: The disclaimer should contain a section outlining specific exclusions to the warranties. This may include clauses that state the warranties do not cover damages arising from misuse, accident, negligence, or unauthorized modifications. It ensures that the business is not held liable for issues resulting from actions beyond its control. 4. Limitation of Liability: It is essential to include a limitation of liability statement to restrict the scope of compensatory damages a consumer can claim. This clause notifies customers that the business will not be responsible for any indirect, incidental, or consequential damages arising from the use of its products or services. 5. Consumer Rights Notice: California law requires businesses to include a statement informing consumers about their rights under state and federal law. This notice should mention that the disclaimer does not limit or modify these rights, ensuring compliance with legal requirements and safeguarding consumer protection. By incorporating these different types of California Disclaimer on the Website of Express and Implied Warranties, businesses can better protect themselves while providing transparency to their customers. It is important to consult with legal professionals familiar with California state laws to ensure the disclaimer is accurate, valid, and customized to meet the specific needs of the business. Regular reviews and updates to the disclaimer may be necessary to adapt to changing legal requirements and business practices.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
