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.
Collin Texas Disclaimer on Website of Express and Implied Warranties When it comes to conducting business online, it is crucial for organizations, including those operating in Collin, Texas, to protect themselves from potential legal liabilities that may arise from the use of their website. One important aspect of maintaining a secure online platform is the implementation of a comprehensive disclaimer that clearly outlines the extent of express and implied warranties provided by the organization. A Collin Texas Disclaimer on the website of express and implied warranties serves as a legal statement that clarifies the terms and conditions under which the organization provides any guarantees or promises regarding its products or services. It is important to note that different types of disclaimers might exist, tailored to the specific needs of each business. Here are a few common types: 1. General Disclaimer: This type of disclaimer, while covering express and implied warranties, generally states that the information provided on the website is for general informational purposes only. It emphasizes that the organization does not make any warranties regarding the accuracy, reliability, or completeness of the content. 2. Product-specific Disclaimer: In the case of businesses that offer specific products or services, a product-specific disclaimer might be necessary. This type of disclaimer clarifies any limitations or restrictions on the warranties provided for a particular product or service, especially if there are specific conditions or terms that customers must comply with to be eligible for warranty claims. 3. Professional Advice Disclaimer: If the organization offers professional services, such as legal or financial advice, it is essential to include a professional advice disclaimer. This disclaimer specifies that any information provided on the website does not constitute professional advice, and users should consult a qualified professional for specific guidance in their particular situations. 4. Fitness for a Purpose Disclaimer: Some companies may provide warranties regarding the fitness of their products for a specific purpose. In such cases, a fitness for a purpose disclaimer should be included, which clearly explains the intended use of the product or service and any limitations or disclaimers related to that purpose. 5. Third-party Content Disclaimer: If the website contains content or links to third-party websites, it is crucial to include a disclaimer stating that the organization does not endorse or take responsibility for the accuracy, legality, or reliability of any third-party content. In conclusion, a Collin Texas disclaimer on the website of express and implied warranties is essential for businesses in Collin, Texas, to protect themselves from potential legal liabilities. Including different types of disclaimers appropriate for the organization's specific offerings ensures that customers understand the limitations of the warranties provided by the business. It is always recommended consulting with legal professionals to develop a comprehensive disclaimer that meets the unique requirements of the organization.
