Implied warranties are unspoken, unwritten promises, created by state law, that go from the seller or merchant to the customers. The Uniform Commercial Code provides for two basic types of implied warranties that occur in consumer product transactions. They are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The "implied warranty of merchantability" is a seller's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. According to the law, merchants make this promise automatically every time they sell a product they are in business to sell. By contrast, the implied warranty of "fitness for a particular purpose" is a promise that a seller makes when the customer relies on the advice that a product can be used for some specific purpose.
A disclaimer is a means of denying that you are making one or more express or implied warranties. In the absence of a disclaimer, a breach of warranty will often give the purchaser of the faulty item the right to recover the cost of the item as well as additional damages caused by that breach of warranty.
A product may be accompanied by instructions or warnings, instructions and warnings, or neither. The duty to warn includes the duty to provide adequate instructions for safe use. Thus, the duty to warn actually consists of two duties: (1) to provide adequate instructions for safe use, and (2) to provide a warning as to dangers inherent in improper use.
Puerto Rico Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine When it comes to the proper use and maintenance of a roofing machine, it is important to provide a clear and concise disclaimer of warranties and warnings to customers. This disclaimer is crucial for setting expectations, mitigating risks, and ensuring customer safety. As a roofing machine manufacturer operating in Puerto Rico, it is essential to comply with local regulations while addressing potential liability concerns. To meet these requirements, the following types of disclaimers and warnings can be incorporated into your website and included with the product when shipping to customers: 1. Limited Warranty Disclaimer: This type of disclaimer explicitly states that the roofing machine is sold "as-is" and does not come with any expressed or implied warranties. It clarifies that the manufacturer does not guarantee the machine's fitness for a particular purpose or its performance level. This disclaimer ensures that customers understand any potential limitations or risks associated with the product. 2. Safety Warning Disclaimer: This disclaimer focuses on the proper use and safe operation of the roofing machine. It outlines potential hazards and risks associated with improper handling, maintenance, or modifications. It advises against using the machine if damaged, by untrained personnel, or in non-recommended conditions. Furthermore, it emphasizes that failure to follow these warnings may result in injuries, damage, or voiding of the warranty. 3. Maintenance and Service Disclaimer: This disclaimer highlights the importance of regular maintenance and servicing of the roofing machine. It outlines key maintenance tasks, the recommended schedule, and the responsibility of the customer to ensure their machine is well-maintained. It states that failure to adhere to maintenance guidelines may lead to the machine's deterioration and voiding of the warranty. 4. Liability Waiver: In addition to the disclaimer of warranties and warnings, it is essential to include a liability waiver. This document releases the manufacturer from any liability claims resulting from the use of the roofing machine. It specifies that the customer assumes all risks associated with the machine's use and waives any right to seek compensation or damages from the manufacturer. By incorporating these disclaimers and warnings into your website and shipping process, you not only protect your business from potential legal issues but also promote customer safety and satisfaction. Always consult with legal professionals to ensure compliance with Puerto Rico's specific laws and regulations regarding product disclaimers and warnings.
