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Disclaimer on Website of Express and Implied Warranties

Category:
Technology - Websites - Disclaimers
State:
Multi-State
Control #:
US-01806BG
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Word; 
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Description Disclaimer Of Warranties

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.

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Express Implied Contract Other Form Names

Implied Warranties Statement   Implied Warranties Sample   Express Implied   Implied Warranties Contract   Express Implied Warranties   Disclaimer Warranties Document   Disclaimer Warranties  

What Type Of Warranty Is Unspoken And Unwritten And Based On The Principle That The Seller Stands Behind The Product FAQ

A seller can easily disclaim express warranties by including statements in brochures, samples, and models stating that no warranty exists. In addition, salesmen should be cautious not to make verbal promises without a disclaimer.

For example, if a consumer buys a business jacket online, but when it arrives the item is the wrong size, wrong color, or is missing buttons, an express warranty might entitle the consumer to a refund or replacement.

Which is true regarding a buyer's right to waive warranties? A buyer may waive both implied and express warranties. How can a buyer waive warranty rights? to comply with the seller's request to inspect the goods.

A disclaim warranty is one in which the warranty document is letting the buyer know that the seller is not to be held to any promises regarding the product.

Finally, a seller may disclaim all implied warranties by stating that the good is being sold as is, with all faults, or by stating some other phrase that makes it plain to the buyer there are no implied warranties. The U.C.C. also requires all disclaimers of implied warranties to be in writing.

In California, e.g., (1) if either new or used goods are covered by an express warranty, the implied warranties may not be disclaimed; (2) the implied warranties may not be disclaimed in any sale of new goods not covered by express warranty unless there is compliance with an elaborate statutory formula which requires

However, when it comes to disclaiming implied warranties, state law (in most states) simplifies things by providing that a dealer can disclaim the implied warranties of merchantability and fitness for a particular purpose by using the words "as is," "with all faults," or other language that, in common understanding,

Under the Uniform Commercial Code, a warranty disclaimer is a statement by which a seller seeks to limit certain types of warranties (e.g., express warranties, implied warranty of merchantability or implied warranty of fitness for a particular purpose), or even disclaim all warranties in the case of goods sold "as is."

An express warranty can be disclaimed quite easily by statements in brochures, models, and samples stating that no warranty is created by those terms. Also, salesmen must be careful not to make any verbal promises without such a condition.

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