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.
Alaska Disclaimer on Website of Express and Implied Warranties: Explained When it comes to providing goods or services on a website, businesses need to be cautious of the warranties they offer to customers. In Alaska, as in most jurisdictions, businesses can protect themselves by including a disclaimer on their website regarding both express and implied warranties. Such disclaimers, commonly found in the terms and conditions or terms of service section, aim to limit the liabilities and obligations that may arise from warranties. Express warranties, as the name suggests, are explicitly stated by the seller or service provider, either verbally or in writing. These warranties assure customers that the product or service will meet certain pre-defined criteria or quality standards. However, Alaska businesses may choose to disclaim these warranties through a clear and conspicuous disclaimer on their website, thereby mitigating the risk of potential legal claims arising from unfulfilled express warranties. Implied warranties, on the other hand, are not expressly promised by the seller but are automatically imposed by law to protect consumers. In Alaska, two common types of implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability ensures that a product is fit for its ordinary purpose, meaning it should be reasonably fit for the specific use it is intended for. The implied warranty of fitness for a particular purpose, on the other hand, guarantees that a product is suitable for a specific purpose, even if it differs from the usual or ordinary purpose. However, businesses can disclaim these implied warranties by including an explicit disclaimer on their website. This disclaimer must be clear, conspicuous, and transparent to consumers, informing them that the business does not provide any implied warranties for the products or services offered. To ensure the effectiveness of these disclaimers, Alaska businesses should adhere to a few key points. Firstly, the disclaimer should be prominently displayed on the website, ideally on the home page or during the checkout process. Secondly, the language of the disclaimer should be unambiguous and straightforward, avoiding any confusing terms or jargon that might confuse consumers. Additionally, it is crucial to make sure that the disclaimer is visible on all relevant pages of the website, including individual product pages, to prevent any misinterpretation by customers. In conclusion, businesses in Alaska should carefully consider including disclaimers for both express and implied warranties on their website. By doing so, they can bolster their legal protection and minimize potential liabilities. These disclaimers should be clear, conspicuous, and transparent to ensure customers are fully informed of the limited warranties provided by the business. Remember, consulting legal professionals or experts when drafting these disclaimers can provide valuable guidance and help navigate the complexities of Alaska's legal landscape.Alaska Disclaimer on Website of Express and Implied Warranties: Explained When it comes to providing goods or services on a website, businesses need to be cautious of the warranties they offer to customers. In Alaska, as in most jurisdictions, businesses can protect themselves by including a disclaimer on their website regarding both express and implied warranties. Such disclaimers, commonly found in the terms and conditions or terms of service section, aim to limit the liabilities and obligations that may arise from warranties. Express warranties, as the name suggests, are explicitly stated by the seller or service provider, either verbally or in writing. These warranties assure customers that the product or service will meet certain pre-defined criteria or quality standards. However, Alaska businesses may choose to disclaim these warranties through a clear and conspicuous disclaimer on their website, thereby mitigating the risk of potential legal claims arising from unfulfilled express warranties. Implied warranties, on the other hand, are not expressly promised by the seller but are automatically imposed by law to protect consumers. In Alaska, two common types of implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability ensures that a product is fit for its ordinary purpose, meaning it should be reasonably fit for the specific use it is intended for. The implied warranty of fitness for a particular purpose, on the other hand, guarantees that a product is suitable for a specific purpose, even if it differs from the usual or ordinary purpose. However, businesses can disclaim these implied warranties by including an explicit disclaimer on their website. This disclaimer must be clear, conspicuous, and transparent to consumers, informing them that the business does not provide any implied warranties for the products or services offered. To ensure the effectiveness of these disclaimers, Alaska businesses should adhere to a few key points. Firstly, the disclaimer should be prominently displayed on the website, ideally on the home page or during the checkout process. Secondly, the language of the disclaimer should be unambiguous and straightforward, avoiding any confusing terms or jargon that might confuse consumers. Additionally, it is crucial to make sure that the disclaimer is visible on all relevant pages of the website, including individual product pages, to prevent any misinterpretation by customers. In conclusion, businesses in Alaska should carefully consider including disclaimers for both express and implied warranties on their website. By doing so, they can bolster their legal protection and minimize potential liabilities. These disclaimers should be clear, conspicuous, and transparent to ensure customers are fully informed of the limited warranties provided by the business. Remember, consulting legal professionals or experts when drafting these disclaimers can provide valuable guidance and help navigate the complexities of Alaska's legal landscape.
