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.
A Georgia Disclaimer on the Website of Express and Implied Warranties is an important legal statement that clarifies the terms and conditions concerning warranties offered by a company or individual. It serves as a protection mechanism against liabilities and disputes related to the goods or services provided. In Georgia, there are several types of disclaimers that can be included on a website outlining express and implied warranties: 1. Express Warranty Disclaimer: This type of disclaimer explicitly states that any express warranties given by the company or individual are limited to specific terms and conditions. It emphasizes that these warranties do not extend beyond what is explicitly mentioned. Example: "Our company provides an express warranty for our products, but it is limited to the terms and conditions explicitly outlined in our warranty statement. Any other warranties, implied or otherwise, are disclaimed." 2. Implied Warranty Disclaimer: This disclaimer addresses the implied warranties that arise automatically under Georgia law, such as the implied warranty of merchantability or fitness for a particular purpose. The disclaimer states that the company or individual does not warrant that the product or service will meet any specific requirements. Example: "We hereby disclaim all implied warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that our products or services will meet your individual requirements." 3. Limitation of Liability: This type of disclaimer sets a cap on the maximum amount of damages that can be claimed against the company or individual for any warranty-related issues. It limits the liability of the provider and protects them from excessive claims or lawsuits. Example: "In no event shall our company be liable for any direct, indirect, special, or consequential damages arising out of or in connection with the use or performance of our products or services. Our liability is limited to the purchase price of the product or service." It is imperative to consult with a qualified legal professional familiar with Georgia laws to ensure that the disclaimer used on a website is accurate, valid, and complies with the state's regulations. Customizing the disclaimer based on the specific nature of the business and the goods or services offered is essential to provide adequate protection.
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.
