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.
Los Angeles California Disclaimer on Website of Express and Implied Warranties In considering the topic of Los Angeles California Disclaimer on Website of Express and Implied Warranties, it is important to understand the significance of disclaimers, especially when it comes to online content related to products or services offered in Los Angeles, California. By incorporating relevant keywords, we can delve deeper into the different types of disclaimers commonly found on websites operating in this region. 1. Express Warranties: Express warranties refer to specific promises made by a seller or manufacturer regarding the quality, performance, or functionality of a product or service. These warranties are typically provided explicitly, either in writing or verbally, and are important for customers to have clear expectations about what they can expect from a purchase. However, these warranties may differ from one business to another in Los Angeles, California, and it is essential for companies to customize their express warranties to accurately reflect the offerings provided. 2. Implied Warranties: Unlike express warranties, implied warranties are not specifically stated by the seller or manufacturer but rather automatically applied by law. In Los Angeles, California, and most other jurisdictions, there are two primary types of implied warranties: a. Implied Warranty of Merchantability: The implied warranty of merchantability ensures that a product is reasonably fit for its intended purpose and meets the ordinary expectations of consumers. It implies that the product will function as intended, be free from defects, and be suitable for sale. This warranty is automatically applied unless it is explicitly disclaimed. b. Implied Warranty of Fitness for a Particular Purpose: This warranty guarantees that a product will be suitable for a specific purpose or use, even if it is not evident from its ordinary function. However, unlike the implied warranty of merchantability, the implied warranty of fitness for a particular purpose only arises when the seller has knowledge of the buyer's intended use and advises them accordingly. If this warranty is not desired, it must be explicitly disclaimed. 3. Los Angeles California Disclaimer on Website: To protect themselves legally, businesses operating in Los Angeles, California commonly use website disclaimers. These disclaimers are meant to clearly define the limitations of the mentioned warranties and inform customers about the potential risks and exclusions associated with their products or services. A well-drafted Los Angeles California Disclaimer on a website should clearly state that: a. Any express warranty provided is subject to specific terms and conditions mentioned on the website or applicable documents. b. The implied warranties of merchantability and fitness for a particular purpose are waived or disclaimed, if applicable, to better align with California law. c. Information provided on the website is for general informational purposes and should not be considered as professional or legal advice. d. The company reserves the right to modify or update the website's content, including warranties, without prior notice. e. Users should always consult official sources or seek professional advice before making any decisions based on the information provided on the website. By incorporating relevant and accurate disclaimers, Los Angeles, California-based businesses can proactively manage customer expectations, limit liability, and maintain legal compliance on their websites.Los Angeles California Disclaimer on Website of Express and Implied Warranties In considering the topic of Los Angeles California Disclaimer on Website of Express and Implied Warranties, it is important to understand the significance of disclaimers, especially when it comes to online content related to products or services offered in Los Angeles, California. By incorporating relevant keywords, we can delve deeper into the different types of disclaimers commonly found on websites operating in this region. 1. Express Warranties: Express warranties refer to specific promises made by a seller or manufacturer regarding the quality, performance, or functionality of a product or service. These warranties are typically provided explicitly, either in writing or verbally, and are important for customers to have clear expectations about what they can expect from a purchase. However, these warranties may differ from one business to another in Los Angeles, California, and it is essential for companies to customize their express warranties to accurately reflect the offerings provided. 2. Implied Warranties: Unlike express warranties, implied warranties are not specifically stated by the seller or manufacturer but rather automatically applied by law. In Los Angeles, California, and most other jurisdictions, there are two primary types of implied warranties: a. Implied Warranty of Merchantability: The implied warranty of merchantability ensures that a product is reasonably fit for its intended purpose and meets the ordinary expectations of consumers. It implies that the product will function as intended, be free from defects, and be suitable for sale. This warranty is automatically applied unless it is explicitly disclaimed. b. Implied Warranty of Fitness for a Particular Purpose: This warranty guarantees that a product will be suitable for a specific purpose or use, even if it is not evident from its ordinary function. However, unlike the implied warranty of merchantability, the implied warranty of fitness for a particular purpose only arises when the seller has knowledge of the buyer's intended use and advises them accordingly. If this warranty is not desired, it must be explicitly disclaimed. 3. Los Angeles California Disclaimer on Website: To protect themselves legally, businesses operating in Los Angeles, California commonly use website disclaimers. These disclaimers are meant to clearly define the limitations of the mentioned warranties and inform customers about the potential risks and exclusions associated with their products or services. A well-drafted Los Angeles California Disclaimer on a website should clearly state that: a. Any express warranty provided is subject to specific terms and conditions mentioned on the website or applicable documents. b. The implied warranties of merchantability and fitness for a particular purpose are waived or disclaimed, if applicable, to better align with California law. c. Information provided on the website is for general informational purposes and should not be considered as professional or legal advice. d. The company reserves the right to modify or update the website's content, including warranties, without prior notice. e. Users should always consult official sources or seek professional advice before making any decisions based on the information provided on the website. By incorporating relevant and accurate disclaimers, Los Angeles, California-based businesses can proactively manage customer expectations, limit liability, and maintain legal compliance on their websites.
