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.
Houston, Texas is a vibrant city located in the southeastern part of the state of Texas. It is the largest city in Texas and the fourth-largest city in the United States, attracting millions of visitors each year. Known for its diverse culture, world-class dining, thriving arts scene, and booming economy, Houston offers something for everyone. In terms of its legal landscape, it is important for businesses and individuals to understand the concept of disclaimers, specifically the disclaimers related to express and implied warranties. When it comes to the website of a company or individual doing business in Houston, incorporating a well-crafted disclaimer can be crucial for mitigating potential legal risks. An Express Warranty Disclaimer is a type of disclaimer that explicitly states that any warranties provided by the company or individual are limited or non-existent. It is intended to inform the website visitors that there are no guarantees or promises regarding the quality, performance, or fitness for a particular purpose of any products or services offered by the company. An Implied Warranty Disclaimer, on the other hand, is used to disclaim any implied warranties that may arise by operation of law. In Texas, the Uniform Commercial Code governs sales of goods, and it provides for certain implied warranties, such as the warranty of merchantability (reasonable fit for the ordinary purpose) and the warranty of fitness for a particular purpose. An implied warranty disclaimer is designed to communicate to website visitors that the company or individual is not responsible for any implied warranties that may otherwise be assumed, unless explicitly stated otherwise in writing. It is important to note that disclaimers must be clear, conspicuous, and written in a way that is easily understandable by the average website visitor. They should be prominently displayed on the website, typically in a separate section, such as under a "Terms and Conditions" or "Disclaimer" heading. Furthermore, it is advisable to consult with a qualified attorney to ensure that the disclaimer effectively communicates the intended message and complies with applicable laws. In conclusion, businesses and individuals in Houston, Texas should carefully consider incorporating both Express Warranty Disclaimers and Implied Warranty Disclaimers on their websites. These disclaimers serve to limit potential legal liability and ensure that customers understand the terms and conditions associated with the products or services being offered.Houston, Texas is a vibrant city located in the southeastern part of the state of Texas. It is the largest city in Texas and the fourth-largest city in the United States, attracting millions of visitors each year. Known for its diverse culture, world-class dining, thriving arts scene, and booming economy, Houston offers something for everyone. In terms of its legal landscape, it is important for businesses and individuals to understand the concept of disclaimers, specifically the disclaimers related to express and implied warranties. When it comes to the website of a company or individual doing business in Houston, incorporating a well-crafted disclaimer can be crucial for mitigating potential legal risks. An Express Warranty Disclaimer is a type of disclaimer that explicitly states that any warranties provided by the company or individual are limited or non-existent. It is intended to inform the website visitors that there are no guarantees or promises regarding the quality, performance, or fitness for a particular purpose of any products or services offered by the company. An Implied Warranty Disclaimer, on the other hand, is used to disclaim any implied warranties that may arise by operation of law. In Texas, the Uniform Commercial Code governs sales of goods, and it provides for certain implied warranties, such as the warranty of merchantability (reasonable fit for the ordinary purpose) and the warranty of fitness for a particular purpose. An implied warranty disclaimer is designed to communicate to website visitors that the company or individual is not responsible for any implied warranties that may otherwise be assumed, unless explicitly stated otherwise in writing. It is important to note that disclaimers must be clear, conspicuous, and written in a way that is easily understandable by the average website visitor. They should be prominently displayed on the website, typically in a separate section, such as under a "Terms and Conditions" or "Disclaimer" heading. Furthermore, it is advisable to consult with a qualified attorney to ensure that the disclaimer effectively communicates the intended message and complies with applicable laws. In conclusion, businesses and individuals in Houston, Texas should carefully consider incorporating both Express Warranty Disclaimers and Implied Warranty Disclaimers on their websites. These disclaimers serve to limit potential legal liability and ensure that customers understand the terms and conditions associated with the products or services being offered.
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.
