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.
Maryland Disclaimer on Website of Express and Implied Warranties: Understanding Your Rights Introduction: When it comes to conducting business online, it's crucial for Maryland-based businesses to clearly outline their policies regarding express and implied warranties. Whether you are a consumer or a business owner, it's important to know your rights and obligations. In Maryland, disclaimers on websites play a significant role in protecting both parties involved. This article aims to provide a detailed description of Maryland disclaimers on Websites of Express and Implied Warranties, shedding light on different types and their significance. Understanding Express Warranties: Express warranties are promises made by the seller or provider to assure the buyer regarding the quality, performance, or condition of a product or service. In Maryland, businesses can have different types of disclaimers related to express warranties on their websites, which include: 1. General Express Warranty Disclaimer: This type of disclaimer emphasizes that the information provided on the website is for general informational purposes only and should not be considered as a warranty or representation of the product or service. It clarifies that any express warranties are solely provided through written agreements or specific statements apart from the website content. 2. Product/Service-Specific Express Warranty Disclaimer: This disclaimer focuses on stating that any express warranties mentioned on the website are applicable only to specific products or services explicitly mentioned. It alerts customers that other products or services may not have the same warranties. It is essential for businesses to clearly define these limitations to avoid any confusion or potential legal disputes. Understanding Implied Warranties: Implied warranties, on the other hand, are not explicitly stated by the seller or provider but are automatically assumed by law to exist. In Maryland, businesses must be aware of the different types of disclaimers related to implied warranties on their websites: 1. General Implied Warranty Disclaimer: This disclaimer clarifies that the website's information is not intended to create any implied warranties of merchantability or fitness for a particular purpose. It emphasizes that any implied warranties are solely as per state law and may vary depending on the product or service. 2. Implied Warranty of Merchantability Disclaimer: This disclaimer specifically addresses the implied warranty of merchantability, which is an expectation that the product sold is of reasonable quality and suitable for its intended purpose. The disclaimer should mention that the business does not explicitly provide this warranty and that any implied warranties arise exclusively from Maryland law. 3. Implied Warranty of Fitness for a Particular Purpose Disclaimer: This type of disclaimer focuses on the implied warranty of fitness for a particular purpose, whereby the customer relies on the seller's expertise or advice for selecting a product. The disclaimer emphasizes that the business does not provide this warranty and that the customer should exercise their own judgment while choosing a product or relying on advice. Conclusion: In Maryland, disclaimers on websites play a vital role in safeguarding the rights of both businesses and consumers concerning express and implied warranties. By providing clear and accurate information on their websites, businesses can ensure that customers are aware of the limitations and scope of the warranties offered. Remember to consult legal professionals to ensure compliance with Maryland state laws when developing or updating your website's disclaimer section.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
