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.
Idaho Disclaimer on Website of Express and Implied Warranties When operating a website in Idaho, it is vital to understand the importance of having disclaimer statements regarding express and implied warranties. A disclaimer acts as a legal safeguard, protecting the website owner from potential liability and clarifying the warranties, or lack thereof, that are associated with the information and products provided on the platform. Idaho Express Warranty Disclaimer: An express warranty is a specific promise made by the seller to the buyer regarding the quality, performance, or characteristics of a product or service. By having an express warranty disclaimer on your website, you are explicitly stating that any warranties or guarantees made on your platform are solely the responsibility of the seller or manufacturer and not the website owner. This ensures that the website owner is not held accountable for any malfunctions, defects, or issues arising from the products or services. Idaho Implied Warranty Disclaimer: Implied warranties, on the other hand, are automatically created by state law and are not explicitly stated. These warranties assume that a product or service will function as intended and be fit for its intended purpose. In Idaho, implied warranties generally include the implied warranties of merchantability (for the product) and fitness for a particular purpose. However, by incorporating an implied warranty disclaimer on your website, you are notifying users that you do not make any implied warranties, and any implied warranties that may exist are the sole responsibility of the seller or manufacturer. It is crucial to craft these disclaimer statements in a clear and concise manner, ensuring that users understand their rights and limitations when engaging with your website. Express and implied warranty disclaimers can typically be found in the terms and conditions, legal notices, or disclaimers sections of a website. While the specific language and content of Idaho disclaimer statements may vary, depending on the nature and purpose of the website, it is recommended to consult with a legal professional to ensure compliance with state laws and protection against potential legal disputes. Remember, having a well-drafted Idaho disclaimer on your website of express and implied warranties is a proactive step towards minimizing the risk of legal issues and promoting transparency with your users.
