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.
Mecklenburg North Carolina is a county located in the southern part of the state of North Carolina, United States. It encompasses the city of Charlotte, which is the largest city in the state and serves as its county seat. Mecklenburg County is known for its rich history, vibrant culture, and diverse communities. When it comes to the disclaimer on websites regarding express and implied warranties in Mecklenburg North Carolina, it is essential for businesses and individuals to understand the legal implications and protections associated with such disclaimers. Express warranties refer to specific guarantees or promises made by a seller or manufacturer regarding the quality, performance, or effectiveness of a product or service. These warranties are often explicit and clearly stated, either in writing or orally. On the other hand, implied warranties are unwritten warranties that exist automatically under state law and are typically associated with the sale of goods or services. These warranties are presumed to exist unless expressly disclaimed, and they include warranties of merchantability (the product is fit for its intended purpose) and fitness for a particular purpose (the product is suitable for a specific use). In Mecklenburg North Carolina, businesses and individuals who operate websites may include a disclaimer to protect themselves from potential liability associated with express and implied warranties. The purpose of such disclaimers is to clearly communicate to users and customers that the website owner does not make any guarantees or warranties regarding the accuracy, reliability, or suitability of the information, products, or services provided on the website. Different types of disclaimers related to express and implied warranties in Mecklenburg North Carolina may include: 1. General Disclaimer: This type of disclaimer covers a broad range of warranties and may state that the website owner makes no express or implied warranties, representations, or guarantees regarding any aspect of the website, including but not limited to the information, products, or services provided. 2. Fitness for a Specific Purpose Disclaimer: Some websites may specifically disclaim any warranties or guarantees regarding the fitness of a product or service for a particular purpose. For example, if a website offers fitness programs or equipment, it may include a disclaimer stating that the user assumes all risks associated with the program and that results may vary. 3. Merchantability Disclaimer: A merchantability disclaimer may be used when a website offers products for sale. It states that the website owner makes no warranties or guarantees regarding the quality, effectiveness, or usability of the products, and that the buyer assumes all risks associated with their purchase. It is important to note that the specific language and content of these disclaimers may vary based on individual circumstances, jurisdiction, and legal requirements. Therefore, consulting with a qualified legal professional familiar with Mecklenburg North Carolina laws is recommended to ensure compliance and adequate protection.Mecklenburg North Carolina is a county located in the southern part of the state of North Carolina, United States. It encompasses the city of Charlotte, which is the largest city in the state and serves as its county seat. Mecklenburg County is known for its rich history, vibrant culture, and diverse communities. When it comes to the disclaimer on websites regarding express and implied warranties in Mecklenburg North Carolina, it is essential for businesses and individuals to understand the legal implications and protections associated with such disclaimers. Express warranties refer to specific guarantees or promises made by a seller or manufacturer regarding the quality, performance, or effectiveness of a product or service. These warranties are often explicit and clearly stated, either in writing or orally. On the other hand, implied warranties are unwritten warranties that exist automatically under state law and are typically associated with the sale of goods or services. These warranties are presumed to exist unless expressly disclaimed, and they include warranties of merchantability (the product is fit for its intended purpose) and fitness for a particular purpose (the product is suitable for a specific use). In Mecklenburg North Carolina, businesses and individuals who operate websites may include a disclaimer to protect themselves from potential liability associated with express and implied warranties. The purpose of such disclaimers is to clearly communicate to users and customers that the website owner does not make any guarantees or warranties regarding the accuracy, reliability, or suitability of the information, products, or services provided on the website. Different types of disclaimers related to express and implied warranties in Mecklenburg North Carolina may include: 1. General Disclaimer: This type of disclaimer covers a broad range of warranties and may state that the website owner makes no express or implied warranties, representations, or guarantees regarding any aspect of the website, including but not limited to the information, products, or services provided. 2. Fitness for a Specific Purpose Disclaimer: Some websites may specifically disclaim any warranties or guarantees regarding the fitness of a product or service for a particular purpose. For example, if a website offers fitness programs or equipment, it may include a disclaimer stating that the user assumes all risks associated with the program and that results may vary. 3. Merchantability Disclaimer: A merchantability disclaimer may be used when a website offers products for sale. It states that the website owner makes no warranties or guarantees regarding the quality, effectiveness, or usability of the products, and that the buyer assumes all risks associated with their purchase. It is important to note that the specific language and content of these disclaimers may vary based on individual circumstances, jurisdiction, and legal requirements. Therefore, consulting with a qualified legal professional familiar with Mecklenburg North Carolina laws is recommended to ensure compliance and 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.
