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.
Wake, North Carolina, is a vibrant and diverse town located in the heart of the Research Triangle area. Known for its friendly atmosphere, excellent schools, and convenient access to major cities, Wake offers a high quality of life for its residents. Whether you are a long-time resident or considering a move to Wake, it is important to understand the disclaimer on the website of express and implied warranties. Express warranties refer to specific promises made by the seller or manufacturer regarding the quality, performance, or condition of a product or service. These warranties are typically communicated through written or verbal statements and play a crucial role in consumer protection. In Wake, North Carolina, express warranties may include guarantees on the functionality of electronic devices, the durability of appliances, or the accuracy of information provided by a service provider. Implied warranties, on the other hand, are not expressed but rather inferred by law based on the nature of the transaction. In Wake, North Carolina, there are two types of implied warranties: implied warranty of merchantability and implied warranty of fitness for a particular purpose. The implied warranty of merchantability implies that a product or service is fit for its ordinary purpose and should meet certain standards of quality. For example, if you purchase a new car in Wake, North Carolina, you would expect it to be in good working condition and suitable for driving. The implied warranty of fitness for a particular purpose applies when the seller or manufacturer knows or should know that the buyer has a specific purpose for the product or service. In Wake, North Carolina, if a customer explicitly informs a clothing store that they need a warm winter coat for extreme temperatures, the implied warranty of fitness for a particular purpose would suggest that the coat should be able to withstand those conditions. When visiting the website of a business in Wake, North Carolina, it is common to see a disclaimer regarding express and implied warranties. This disclaimer seeks to limit the liability of the seller or manufacturer and inform consumers about their rights and responsibilities. Some common types of disclaimers include: 1. General Disclaimer: This type of disclaimer states that the information provided on the website is for general informational purposes only and should not be considered as professional advice or a substitute for legal or financial consultation. 2. Product-specific Disclaimer: This type of disclaimer relates to specific products or services and may outline any limitations, exclusions, or conditions associated with the use or purchase of those products or services. For example, a software company may include a disclaimer stating that the software is provided "as is" without any warranty of its performance or compatibility with the user's devices. 3. Disclaimer of Liability: This type of disclaimer states that the seller or manufacturer is not responsible for any damages, losses, or injuries that may occur as a result of the use or reliance on the information provided on the website or the purchase and use of the products or services offered. It is crucial for both businesses and consumers in Wake, North Carolina, to familiarize themselves with the disclaimer on the website of express and implied warranties. By understanding the limitations and conditions associated with these warranties, consumers can make informed decisions and businesses can protect themselves from potential legal disputes.Wake, North Carolina, is a vibrant and diverse town located in the heart of the Research Triangle area. Known for its friendly atmosphere, excellent schools, and convenient access to major cities, Wake offers a high quality of life for its residents. Whether you are a long-time resident or considering a move to Wake, it is important to understand the disclaimer on the website of express and implied warranties. Express warranties refer to specific promises made by the seller or manufacturer regarding the quality, performance, or condition of a product or service. These warranties are typically communicated through written or verbal statements and play a crucial role in consumer protection. In Wake, North Carolina, express warranties may include guarantees on the functionality of electronic devices, the durability of appliances, or the accuracy of information provided by a service provider. Implied warranties, on the other hand, are not expressed but rather inferred by law based on the nature of the transaction. In Wake, North Carolina, there are two types of implied warranties: implied warranty of merchantability and implied warranty of fitness for a particular purpose. The implied warranty of merchantability implies that a product or service is fit for its ordinary purpose and should meet certain standards of quality. For example, if you purchase a new car in Wake, North Carolina, you would expect it to be in good working condition and suitable for driving. The implied warranty of fitness for a particular purpose applies when the seller or manufacturer knows or should know that the buyer has a specific purpose for the product or service. In Wake, North Carolina, if a customer explicitly informs a clothing store that they need a warm winter coat for extreme temperatures, the implied warranty of fitness for a particular purpose would suggest that the coat should be able to withstand those conditions. When visiting the website of a business in Wake, North Carolina, it is common to see a disclaimer regarding express and implied warranties. This disclaimer seeks to limit the liability of the seller or manufacturer and inform consumers about their rights and responsibilities. Some common types of disclaimers include: 1. General Disclaimer: This type of disclaimer states that the information provided on the website is for general informational purposes only and should not be considered as professional advice or a substitute for legal or financial consultation. 2. Product-specific Disclaimer: This type of disclaimer relates to specific products or services and may outline any limitations, exclusions, or conditions associated with the use or purchase of those products or services. For example, a software company may include a disclaimer stating that the software is provided "as is" without any warranty of its performance or compatibility with the user's devices. 3. Disclaimer of Liability: This type of disclaimer states that the seller or manufacturer is not responsible for any damages, losses, or injuries that may occur as a result of the use or reliance on the information provided on the website or the purchase and use of the products or services offered. It is crucial for both businesses and consumers in Wake, North Carolina, to familiarize themselves with the disclaimer on the website of express and implied warranties. By understanding the limitations and conditions associated with these warranties, consumers can make informed decisions and businesses can protect themselves from potential legal disputes.
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.