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: Understanding Hawaii Disclaimer on Website of Express and Implied Warranties Introduction: When operating a website that provides information or sells products/services, it is crucial to have a clear and concise disclaimer that outlines the limitations and exclusions of express and implied warranties. In the case of Hawaii, there may be specific requirements regarding disclaimers. This article aims to provide a detailed description of Hawaii's disclaimer regulations related to express and implied warranties, highlighting the importance of a compliant disclaimer for businesses operating in the state. 1. Express Warranty Disclaimer in Hawaii: An express warranty is a specific promise or guarantee made by a seller regarding the quality, performance, or characteristics of a product or service. In Hawaii, it is essential to include a clear and conspicuous express warranty disclaimer on your website. Some keywords relevant to Hawaii's express warranty disclaimer may include "express warranty disclaimer Hawaii," "Hawaii express warranty laws," or "express warranty limits in Hawaii." 2. Implied Warranty Disclaimer in Hawaii: Implied warranties, on the other hand, are not explicitly stated by the seller but are automatically assumed by law. These warranties include the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. In Hawaii, businesses must also ensure to adequately disclaim these implied warranties to protect themselves legally. Keywords related to implied warranty disclaimer in Hawaii may include "implied warranty disclaimer in Hawaii," "Hawaii implied warranty exemption," or "implied warranty limitations in Hawaii." 3. Types of Hawaii Disclaimers: a) General Disclaimer: A general disclaimer serves as a notice that the information provided on the website is for general informational purposes only, and users should not rely solely on the information presented. b) Warranty Disclaimer: A warranty disclaimer explicitly mentions that the seller does not make any guarantees or warranties regarding the products or services sold, limiting any liabilities. This includes both express and implied warranties. c) Limitation of Liability Disclaimer: This disclaimer aims to limit the seller's liability for any damages or losses caused by the use or reliance on the website's information, products, or services. It includes clauses such as "use at your own risk" or "we are not responsible for any consequential damages." Conclusion: In Hawaii, businesses must ensure that their website's disclaimer prominently and accurately reflects the limitations and exclusions of express and implied warranties. Implementing a compliant disclaimer not only protects the business from potential legal disputes but also sets clear expectations for customers regarding any warranties or guarantees the business may provide. Remember to seek legal counsel to tailor your disclaimer to meet the specific requirements and regulations imposed by state or local authorities in Hawaii.
