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 and Implementing Iowa Disclaimer on Website of Express and Implied Warranties Introduction: In Iowa, businesses are required to provide clear and transparent information regarding express and implied warranties on their websites. Including a disclaimer is crucial to protect the rights of both consumers and businesses. This article aims to provide a detailed description of Iowa disclaimer requirements for expressing and implying warranties, along with different types of disclaimers that can be used. I. Overview of Express and Implied Warranties in Iowa: 1. Express Warranties: — Express warranties are explicit promises made by a seller to the buyer regarding the quality, condition, performance, or other specifications of a product or service. — In Iowa, express warranties can be created through statements, advertisements, labels, descriptions, or any affirmations of fact regarding the product or service. 2. Implied Warranties: — Implied warranties arise by operation of law and are not explicitly stated or written by the seller. — In Iowa, the implied warranty of merchantability guarantees that a product is fit for its ordinary purpose and reasonably safe for consumer use. — The implied warranty of fitness for a particular purpose applies when a seller knows or should know that a consumer purchases a product for a specific purpose, and the consumer relies on the seller's expertise in choosing the appropriate product. II. Iowa Disclaimer on Website of Express Warranties: 1. Express Warranty Disclaimers: — Businesses can include a disclaimer on their website to limit or exclude express warranties, provided it is clearly and conspicuously displayed. — Typical phrases used could be: "No express warranties are made with respect to this product," or "All statements and descriptions made on this website are for informational purposes only and do not create warranties." 2. Limitations of Liability: — It is common to also include a limitation of liability clause in the website disclaimer to further protect the business from potential legal claims. — These clauses often state that the business will not be held responsible for any direct, indirect, incidental, or consequential damages arising out of the use or inability to use the product or service. III. Iowa Disclaimer on Website of Implied Warranties: 1. Implied Warranty Disclaimers: — While Iowa law allows businesses to disclaim implied warranties, including a general disclaimer may not waive the implied warranty of merchantability or fitness for a particular purpose. — Specific language is required to effectively disclaim these implied warranties, such as "There are no implied warranties of merchantability or fitness for a particular purpose associated with this product or service." 2. Clear and Conspicuous Display: — It is essential to ensure that the disclaimers are displayed prominently on the website, typically in proximity to the description of the products or services offered. — The language used must be easily understandable to consumers, avoiding any technical jargon or ambiguity. Conclusion: To comply with Iowa's laws and protect their businesses, website owners should include appropriate disclaimers regarding express and implied warranties. By accurately disclosing the limits or exclusions of warranties, businesses can maintain transparency with consumers, set realistic expectations, and minimize legal risks. Consulting with legal professionals can provide further guidance on drafting the most effective Iowa Disclaimer on the Website of Express and Implied Warranties.
