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.
Title: Florida Disclaimer on Website of Express and Implied Warranties: Understanding the Different Types Introduction: When creating a website that includes information about express and implied warranties in Florida, it is crucial to include a disclaimer to protect your business from potential legal liabilities. This article will provide a detailed description of what a Florida Disclaimer on a website regarding express and implied warranties encompasses. It will also discuss the different types of disclaimers that can be employed. 1. Explaining Express and Implied Warranties in Florida: Before delving into disclaimers, it is essential to understand the concept of express and implied warranties. Express warranties are statements made by the seller that guarantee specific qualities or performance of a product. On the other hand, implied warranties automatically attach to the sale of products unless specifically disclaimed. They include the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. 2. What Does a Florida Disclaimer on Website of Express and Implied Warranties Entail? A Florida Disclaimer on a website of express and implied warranties serves as a notice to users that any warranties provided on the website are expressly disclaimed. This disclaimer aims to reduce the potential legal exposure of the website owner and prevent consumers from relying on any warranties that are not explicitly stated. 3. Types of Florida Disclaimers on Website of Express and Implied Warranties: a) Express Warranty Disclaimer: This type of disclaimer explicitly states that any express warranties declared on the website do not provide an absolute guarantee and are subject to certain limitations and conditions. b) Implied Warranty Disclaimer: The implied warranty disclaimer clarifies that the website owner does not guarantee the merchantability or fitness for a particular purpose of the products or services offered. It states that users should rely on their own judgment while considering any purchases. c) General Warranty Disclaimer: A general warranty disclaimer encompasses both express and implied warranties, explicitly informing users that no warranties of any kind, whether expressed or implied, are provided by the website owner. It states that users assume all risks associated with the use of the website and its products or services. d) Limited Warranty Disclaimer: This type of disclaimer provides certain limited warranties to users, stating specific conditions and restrictions. It outlines the extent of the warranty coverage, exclusions, and remedies available. Conclusion: Including a Florida Disclaimer on a website of express and implied warranties is crucial to manage legal risks and prevent potential misunderstandings between the website owner and users. It is advisable to consult with a legal professional to ensure the disclaimer effectively conveys the intent and protects the interests of the website owner.
