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.
Suffolk New York Disclaimer on Website of Express and Implied Warranties: When it comes to providing legal information on the internet, businesses and organizations operating their websites in Suffolk, New York need to be aware of the importance of incorporating disclaimers on express and implied warranties. These disclaimers aim to protect businesses from potential liability and ensure that visitors to their website understand the limitations and exclusions related to any warranties being offered. Express warranties are specific promises made by the website owner regarding the quality, condition, or performance of their products or services. Such warranties may be explicitly stated on the website, in product descriptions, or within terms of service documents. Suffolk, New York websites must include a clear disclaimer regarding express warranties to clearly outline the boundaries of these promises. Implied warranties, on the other hand, are not explicitly stated but are automatically assumed by law to be a part of the transaction. These warranties relate to the merchantability or fitness for a particular purpose of the products or services offered by the website. However, it is important for websites based in Suffolk, New York to understand that they can disclaim or limit these implied warranties through adequate disclaimers on their website. There are different types of Suffolk, New York disclaimers on express and implied warranties that businesses may consider including on their websites to protect themselves: 1. General Disclaimer: This type of disclaimer explicitly states that the website makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of the information provided. It clarifies that the website owner cannot be held responsible for any errors, omissions, or consequences arising from the use or reliance on the information presented on the website. 2. Warranty Disclaimer: This disclaimer specifically disclaims any express warranties that may exist regarding the products or services offered on the website. It informs visitors that the website owner does not make any promises or guarantees about the quality, performance, or suitability of their offerings. 3. Limitation of Liability: This disclaimer limits the website owner's liability for any damages, losses, or injuries that may result from the use of their products or services. It outlines the extent to which the website owner can be held responsible and includes any exclusions or limitations on liability that are applicable under Suffolk, New York law. Suffolk, New York businesses must ensure that these disclaimers are prominently displayed on their websites to provide clear notice to visitors about the absence or limitation of express and implied warranties associated with their offerings. These disclaimers can help protect businesses from misunderstandings, potential lawsuits, and unnecessary financial burdens while encouraging responsible and informed use of their products and services.Suffolk New York Disclaimer on Website of Express and Implied Warranties: When it comes to providing legal information on the internet, businesses and organizations operating their websites in Suffolk, New York need to be aware of the importance of incorporating disclaimers on express and implied warranties. These disclaimers aim to protect businesses from potential liability and ensure that visitors to their website understand the limitations and exclusions related to any warranties being offered. Express warranties are specific promises made by the website owner regarding the quality, condition, or performance of their products or services. Such warranties may be explicitly stated on the website, in product descriptions, or within terms of service documents. Suffolk, New York websites must include a clear disclaimer regarding express warranties to clearly outline the boundaries of these promises. Implied warranties, on the other hand, are not explicitly stated but are automatically assumed by law to be a part of the transaction. These warranties relate to the merchantability or fitness for a particular purpose of the products or services offered by the website. However, it is important for websites based in Suffolk, New York to understand that they can disclaim or limit these implied warranties through adequate disclaimers on their website. There are different types of Suffolk, New York disclaimers on express and implied warranties that businesses may consider including on their websites to protect themselves: 1. General Disclaimer: This type of disclaimer explicitly states that the website makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of the information provided. It clarifies that the website owner cannot be held responsible for any errors, omissions, or consequences arising from the use or reliance on the information presented on the website. 2. Warranty Disclaimer: This disclaimer specifically disclaims any express warranties that may exist regarding the products or services offered on the website. It informs visitors that the website owner does not make any promises or guarantees about the quality, performance, or suitability of their offerings. 3. Limitation of Liability: This disclaimer limits the website owner's liability for any damages, losses, or injuries that may result from the use of their products or services. It outlines the extent to which the website owner can be held responsible and includes any exclusions or limitations on liability that are applicable under Suffolk, New York law. Suffolk, New York businesses must ensure that these disclaimers are prominently displayed on their websites to provide clear notice to visitors about the absence or limitation of express and implied warranties associated with their offerings. These disclaimers can help protect businesses from misunderstandings, potential lawsuits, and unnecessary financial burdens while encouraging responsible and informed use of their products and services.
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.
