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.
Alabama Disclaimer on Website of Express and Implied Warranties When operating a website that offers products or services, it is essential to include a disclaimer regarding express and implied warranties. In the state of Alabama, there are specific disclaimers that should be considered to protect both the website owner and the consumer. 1. Express Warranties Disclaimer in Alabama: An express warranty is a guarantee made by the seller or manufacturer regarding the quality or performance of a product or service. In Alabama, website owners should include a disclaimer that explicitly states any express warranties associated with the offered products or services. The disclaimer should emphasize that any express warranties mentioned on the website are the sole responsibility of the manufacturer or seller, and not the website owner. This protects the website owner from potential liability if the product or service does not meet the stated express warranties. 2. Implied Warranties Disclaimer in Alabama: Implied warranties are warranties that are not explicitly mentioned but are automatically deemed to exist by law. In Alabama, there are two main types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. — Implied Warranty of Merchantability: This warranty ensures that the product or service sold is fit for its ordinary purpose and is of a quality acceptable within the trade. To disclaim this warranty in Alabama, website owners should include a clear statement that states that they make no representations or warranties, express or implied, regarding the merchantability of the products or services offered. This ensures that the website owner cannot be held liable if the product or service fails to meet consumer expectations. — Implied Warranty of Fitness for a Particular Purpose: This warranty arises when the seller or manufacturer knows or has reason to know of a specific purpose for which the product or service is being purchased and the consumer is relying on the seller's expertise. To disclaim this warranty in Alabama, it is crucial to include a disclaimer that clearly states that the website owner does not provide any warranties or representations of fitness for a particular purpose. This protects the website owner from any claims regarding the functionality or suitability of the product or service for a specific use. In conclusion, the Alabama disclaimer on the website of express and implied warranties is crucial for website owners to limit their liability. It is essential to clearly disclaim any express warranties provided by manufacturers or sellers and to also disclaim the implied warranties of merchantability and fitness for a particular purpose. By including these disclaimers, website owners can protect themselves from potential legal issues related to the performance or quality of the products or services they offer.
