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.
When operating a website for your business in Colorado, it is important to understand the laws and regulations regarding disclaimers on express and implied warranties. A disclaimer is a statement that limits or eliminates certain warranties or liabilities that may arise from the use of your products or services. By including a Colorado disclaimer on your website, you can protect your business from potential legal issues and clearly communicate the terms and conditions to your customers. There are different types of Colorado disclaimers that you may consider for your website: 1. General Disclaimer: This type of disclaimer is a broad statement that covers various aspects of your business. It typically addresses both express and implied warranties, stating that the information, products, and services provided on the website are provided "as is" and without any warranty of fitness for a particular purpose. 2. Limited Warranty Disclaimer: This type of disclaimer specifically limits the warranties offered by your business. It states that any warranties, expressed or implied, are limited in duration or scope. This type of disclaimer may be used when your products or services come with specific limitations or conditions. 3. Implied Warranty Disclaimer: In Colorado, there are implied warranties that automatically apply to certain products or services, such as the warranty of merchantability or fitness for a particular purpose. An implied warranty disclaimer clearly states that your business does not provide any implied warranties and that customers use your products or services at their own risk. 4. Exclusion of Liability Disclaimer: This type of disclaimer specifically excludes or limits your business's liability for damages that may arise from the use of your products or services. It states that your business will not be responsible for any direct, indirect, incidental, or consequential damages, regardless of the cause. When drafting a Colorado disclaimer for your website, it is crucial to consult with a legal professional familiar with the state's laws to ensure its compliance and effectiveness. It is also important to position the disclaimer in a prominent place on your website, such as in the footer or terms of service page, so that it is easily accessible to users. Remember, a well-crafted Colorado disclaimer on your website can help protect your business from potential legal disputes and clearly communicate the terms and conditions to your customers regarding express and implied warranties.
