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.
Connecticut Disclaimer on Website of Express and Implied Warranties: Types and Key Information When operating a website that facilitates the sale or provision of goods or services in Connecticut, it is crucial to understand and comply with the state's laws regarding express and implied warranties. One essential aspect of ensuring legal compliance is to include a clear and comprehensive disclaimer on your website. In Connecticut, there are two main types of disclaimers that businesses commonly employ: the express warranty disclaimer and the implied warranty disclaimer. 1. Express Warranty Disclaimer: An express warranty is a specific promise or guarantee made by the seller or service provider to the consumer regarding the quality, performance, or characteristics of a product or service. Companies often include express warranties to instill confidence in their customers and differentiate their offerings. However, there may be instances where businesses want to limit or exclude certain warranty obligations. In such cases, it is essential to have an explicit express warranty disclaimer on the website to protect themselves from potential liability. A Connecticut express warranty disclaimer should clearly state that the company disclaims, limits, or modifies any express warranties that may have been made, explicitly or implicitly, including any written or verbal statements regarding the product or service. It should also emphasize that the consumer should rely solely on the manufacturer's stated warranties, if applicable, and that the website disclaims all other warranties. 2. Implied Warranty Disclaimer: Unlike express warranties, which are explicitly stated, implied warranties automatically arise from the sale or provision of goods or services in Connecticut, unless specifically disclaimed or modified. Implied warranties are based on certain legal principles and provide assurance to consumers that the product or service will meet a minimum level of quality, fitness for a particular purpose, and be free from defective materials or workmanship. To limit or exclude any implied warranties, such as the implied warranty of merchantability or fitness for a particular purpose, businesses must include a clear implied warranty disclaimer on their website. This disclaimer should clearly state that the company waives any and all implied warranties, explaining that the product or service is sold "as-is" without any warranty unless otherwise specified in writing. It is important to note that Connecticut law provides consumer protection, and any attempt to disclaim or limit warranties must be explicitly stated and conspicuous. The disclaimers should be easily noticeable and written in plain language to ensure that consumers are adequately informed about the absence of warranties or any limitations placed on them. In conclusion, businesses operating in Connecticut should include both express and implied warranty disclaimers on their websites to protect themselves from potential liabilities. These disclaimers should be clear, conspicuous, and written in plain language, ensuring that consumers are aware of the limitations or exclusions of warranties. Proper compliance with these requirements will help businesses mitigate risks and maintain transparency with their customers.
