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.
Delaware Disclaimer on Website of Express and Implied Warranties A Delaware Disclaimer on a website is a statement aimed at limiting certain liabilities or responsibilities that may arise from the use of the website and its content. Specifically, in relation to express and implied warranties, a Delaware Disclaimer ensures that the website owner or operator is not held accountable for any guarantee or warranty made related to the products, services, or information provided on the website. Express warranties refer to specific promises or guarantees made by the website owner regarding the quality, functionality, or accuracy of the products or services offered. Implied warranties, on the other hand, are unspoken guarantees that the products or services provided will fulfill their intended purpose and be of satisfactory quality. Different types of Delaware Disclaimers for express and implied warranties on a website may include: 1. General Warranty Disclaimer: This type of disclaimer asserts that any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. It emphasizes that the website owner is not guaranteeing the accuracy, completeness, or timeliness of the information provided on the website. 2. Product or Service-specific Disclaimer: In situations where the website offers specific products or services, this disclaimer focuses on explicitly stating that the website owner is not responsible for any warranty or guarantee related to these offerings. It may outline that the website only serves as a platform for advertising or selling products/services and any warranties or guarantees are the sole responsibility of the manufacturer or service provider. 3. Informational Disclaimer: Particularly applicable to websites providing informational content, this type of disclaimer clarifies that the information presented is for general informational purposes only and should not be relied upon as legal, financial, or professional advice. It highlights that the website owner cannot guarantee the accuracy, validity, or up-to-date nature of the content and thus disclaims any liability arising from the use of the provided information. 4. Third-party Disclaimer: If the website contains links or references to third-party websites, products, or services, this type of disclaimer aims to absolve the website owner from any responsibility for the quality, accuracy, or legality of those external resources. It stresses that any interactions or transactions with third-party entities are solely the user's responsibility. In conclusion, a Delaware Disclaimer on a website of express and implied warranties serves to protect the website owner from any liability related to the accuracy, reliability, or performance of products, services, or information offered through the website. It is crucial for both the website owner and users to be aware of these disclaimers to ensure clear understanding and appropriate allocation of responsibilities.Delaware Disclaimer on Website of Express and Implied Warranties A Delaware Disclaimer on a website is a statement aimed at limiting certain liabilities or responsibilities that may arise from the use of the website and its content. Specifically, in relation to express and implied warranties, a Delaware Disclaimer ensures that the website owner or operator is not held accountable for any guarantee or warranty made related to the products, services, or information provided on the website. Express warranties refer to specific promises or guarantees made by the website owner regarding the quality, functionality, or accuracy of the products or services offered. Implied warranties, on the other hand, are unspoken guarantees that the products or services provided will fulfill their intended purpose and be of satisfactory quality. Different types of Delaware Disclaimers for express and implied warranties on a website may include: 1. General Warranty Disclaimer: This type of disclaimer asserts that any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed. It emphasizes that the website owner is not guaranteeing the accuracy, completeness, or timeliness of the information provided on the website. 2. Product or Service-specific Disclaimer: In situations where the website offers specific products or services, this disclaimer focuses on explicitly stating that the website owner is not responsible for any warranty or guarantee related to these offerings. It may outline that the website only serves as a platform for advertising or selling products/services and any warranties or guarantees are the sole responsibility of the manufacturer or service provider. 3. Informational Disclaimer: Particularly applicable to websites providing informational content, this type of disclaimer clarifies that the information presented is for general informational purposes only and should not be relied upon as legal, financial, or professional advice. It highlights that the website owner cannot guarantee the accuracy, validity, or up-to-date nature of the content and thus disclaims any liability arising from the use of the provided information. 4. Third-party Disclaimer: If the website contains links or references to third-party websites, products, or services, this type of disclaimer aims to absolve the website owner from any responsibility for the quality, accuracy, or legality of those external resources. It stresses that any interactions or transactions with third-party entities are solely the user's responsibility. In conclusion, a Delaware Disclaimer on a website of express and implied warranties serves to protect the website owner from any liability related to the accuracy, reliability, or performance of products, services, or information offered through the website. It is crucial for both the website owner and users to be aware of these disclaimers to ensure clear understanding and appropriate allocation of responsibilities.
