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.
Utah Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine: At [Company Name], we take great pride in providing high-quality roofing machines to our customers in Utah. However, it is crucial to understand the importance of using our products safely and responsibly. To ensure clear communication of the potential risks and liabilities associated with improper use, we have implemented a comprehensive set of disclaimers and warnings. These disclaimers and warnings serve as a reminder for customers to exercise caution while operating our roofing machines. 1. General Disclaimer of Warranties and Warnings: Our website prominently displays a General Disclaimer of Warranties and Warnings, which includes key information about safe operation and maintenance of our roofing machines. This disclaimer emphasizes that any misuse or failure to follow the provided instructions may lead to personal injury, property damage, or voiding of warranties. 2. Specific Use Disclaimer and Warning: For different types of roofing machines or models that may have specific use cases and limitations, we provide a Specific Use Disclaimer and Warning section on our website. This section outlines the unique considerations for each machine. For instance, certain roofing machines may not be suitable for use on steep inclines or in adverse weather conditions, posing potential safety risks. 3. Shipping Package Disclaimer and Warnings: To ensure our disclaimers and warnings reach our customers, we include printed copies of these notices in every roofing machine's packaging when shipped. This allows customers to revisit and understand these vital guidelines even if they may not have initially accessed our website. By incorporating these disclaimers and warnings across various touchpoints, we actively promote customer safety and minimize potential liabilities. It is essential for customers to thoroughly read and comprehend these important warnings before operating our roofing machines. Failure to do so may lead to accidents or damage for which [Company Name] cannot be held responsible. At [Company Name], we prioritize customer satisfaction and safety. Therefore, we strongly encourage Utah customers to engage with our website's detailed disclaimers and warnings regarding the proper use of our roofing machines. By adhering to these guidelines, customers can enjoy the benefits of our products while minimizing the risk of harm or misuse.
