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.
The District of Columbia (DC) Disclaimer on Website of Express and Implied Warranties is an important legal statement that businesses operating in Washington, D.C. should consider including on their websites. This disclaimer protects businesses by limiting their liability for any express or implied warranties provided on their website. Express warranties are explicit promises made by the seller or business regarding the quality, performance, or features of a product or service. However, in some cases, these warranties might unintentionally misrepresent the actual capabilities or characteristics of the product or service. Implied warranties, on the other hand, are not explicitly stated but are automatically assumed to be present when a product or service is sold. These warranties include the implied warranty of merchantability (the product is fit for its intended purpose) and the implied warranty of fitness for a particular purpose (the product is suitable for a specific use as claimed). The District of Columbia Disclaimer on Website of Express and Implied Warranties typically serves to limit the extent to which these warranties apply. By including this disclaimer, businesses can clarify that any warranties provided on their website are for informational purposes only and that they make no guarantees about the accuracy, reliability, or completeness of the information. Different types of District of Columbia Disclaimers on Website of Express and Implied Warranties may include: 1. General Disclaimer: This type of disclaimer states that the business makes no representations or warranties, express or implied, regarding the information on their website. It clarifies that users should not rely solely on the information provided and should conduct their own due diligence before making any decisions based on that information. 2. Product Disclaimer: If the website offers products for sale, a product disclaimer may be added. This disclaimer states that the business makes no representations or warranties about the product's performance or suitability for a specific purpose. It highlights that the user assumes all risks associated with the product's use. 3. Services Disclaimer: For businesses providing services, a services' disclaimer may be necessary. This type of disclaimer states that the business makes no guarantees about the outcome, effectiveness, or results of the services provided. It emphasizes that the user should consider professional advice before relying on the services. It is essential to consult with a legal professional to ensure the District of Columbia Disclaimer on Website of Express and Implied Warranties is proper and compliant with local regulations.
