Implied warranties are unspoken, unwritten promises, created by state law, that go from the seller or merchant to the customers. The Uniform Commercial Code provides for two basic types of implied warranties that occur in consumer product transactions. They are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The "implied warranty of merchantability" is a seller's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. According to the law, merchants make this promise automatically every time they sell a product they are in business to sell. By contrast, the implied warranty of "fitness for a particular purpose" is a promise that a seller makes when the customer relies on the advice that a product can be used for some specific purpose.
A disclaimer is a means of denying that you are making one or more express or implied warranties. In the absence of a disclaimer, a breach of warranty will often give the purchaser of the faulty item the right to recover the cost of the item as well as additional damages caused by that breach of warranty.
A product may be accompanied by instructions or warnings, instructions and warnings, or neither. The duty to warn includes the duty to provide adequate instructions for safe use. Thus, the duty to warn actually consists of two duties: (1) to provide adequate instructions for safe use, and (2) to provide a warning as to dangers inherent in improper use.
Alameda California Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine: Disclaimer of Warranties: Our company takes utmost responsibility in ensuring customer satisfaction and providing high-quality roofing machines. However, it is crucial to acknowledge the potential risks associated with the improper use of these machines. To protect both our customers and ourselves, we provide the following disclaimer of warranties: 1. General Disclaimer: Our company disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The use of our roofing machines is solely at the customer's own risk. 2. Limited Liability: Our company shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our roofing machines, including damages for personal injury or property damage. Warnings: To ensure safe and efficient operation and to minimize potential hazards, the following warnings should be taken into consideration: 1. Proper Training: This roofing machine is intended for use by trained professionals only. Improper operation without proper training can result in serious injury or property damage. 2. Read Operator's Manual: Before operating the roofing machine, carefully read and understand the operator's manual provided. Failure to do so may lead to injuries or inaccurate operation. 3. Protective Gear: Always wear appropriate personal protective equipment (PPE) such as safety goggles, gloves, and protective clothing when operating the roofing machine. Failure to do so may result in severe injuries. 4. Electrical Safety: Do not use the roofing machine near water or in damp conditions. Ensure proper grounding to avoid electrical shocks. 5. Regular Maintenance: Periodically inspect and maintain the roofing machine as per the instructions provided in the operator's manual. Neglecting regular maintenance may result in malfunctions or accidents. Different types of Alameda California Disclaimer of Warranties and Warnings may include variations in the level of detail, specific legal language, and additional warnings relevant to the roofing machine. These variations may be tailored for different models of roofing machines or address specific risks associated with different machine functionalities or components.Alameda California Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine: Disclaimer of Warranties: Our company takes utmost responsibility in ensuring customer satisfaction and providing high-quality roofing machines. However, it is crucial to acknowledge the potential risks associated with the improper use of these machines. To protect both our customers and ourselves, we provide the following disclaimer of warranties: 1. General Disclaimer: Our company disclaims all warranties, expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. The use of our roofing machines is solely at the customer's own risk. 2. Limited Liability: Our company shall not be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our roofing machines, including damages for personal injury or property damage. Warnings: To ensure safe and efficient operation and to minimize potential hazards, the following warnings should be taken into consideration: 1. Proper Training: This roofing machine is intended for use by trained professionals only. Improper operation without proper training can result in serious injury or property damage. 2. Read Operator's Manual: Before operating the roofing machine, carefully read and understand the operator's manual provided. Failure to do so may lead to injuries or inaccurate operation. 3. Protective Gear: Always wear appropriate personal protective equipment (PPE) such as safety goggles, gloves, and protective clothing when operating the roofing machine. Failure to do so may result in severe injuries. 4. Electrical Safety: Do not use the roofing machine near water or in damp conditions. Ensure proper grounding to avoid electrical shocks. 5. Regular Maintenance: Periodically inspect and maintain the roofing machine as per the instructions provided in the operator's manual. Neglecting regular maintenance may result in malfunctions or accidents. Different types of Alameda California Disclaimer of Warranties and Warnings may include variations in the level of detail, specific legal language, and additional warnings relevant to the roofing machine. These variations may be tailored for different models of roofing machines or address specific risks associated with different machine functionalities or components.
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.