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.
Illinois Disclaimer on Website of Express and Implied Warranties: A Comprehensive Guide When operating a website in Illinois, it is crucial to understand the importance of including disclaimers on express and implied warranties. These disclaimers aim to protect businesses from potential lawsuits and legal liabilities arising from the use of their products or services. In this article, we will provide a detailed description of what an Illinois Disclaimer on Website of Express and Implied Warranties entails, along with different types of disclaimers commonly used. What are Express and Implied Warranties? Express warranties are explicit guarantees made by the seller or manufacturer about the quality, performance, or characteristics of a product or service. These warranties are typically conveyed through written statements, advertisements, or oral representations. On the other hand, implied warranties are unwritten assurances that the product or service will meet certain expectations and perform as promised. Implied warranties automatically apply to the sale of goods or services unless specific exemptions are made. Importance of Disclaimers in Illinois: In Illinois, disclaimers are vital for businesses that want to limit their liability in relation to express and implied warranties. They play a crucial role in preventing customers from holding a company responsible for damages, defects, or malfunctions that may occur during the use of a product or service. By including a carefully crafted disclaimer, businesses can mitigate potential legal disputes and protect their reputation. Types of Illinois Disclaimers on Website of Express and Implied Warranties: 1. General Disclaimer: This type of disclaimer states that the company makes no warranties, either expressed or implied, regarding the merchantability, fitness for a particular purpose, or any other assurance regarding the product or service offered. It aims to absolve the company from liability in case of dissatisfaction or issues arising from the customer's usage. 2. Warranty Disclaimer: This type of disclaimer specifically disclaims any express warranties that may have been made about the product or service. It clearly states that any statements, descriptions, or samples provided are for informational purposes only and should not be relied upon as representations or warranties. 3. Limitation of Liability: This type of disclaimer limits the company's liability to direct damages only and excludes any indirect, consequential, or incidental damages. It clarifies that the company shall not be held responsible for losses arising from the use, misuse, or inability to use the product or service. 4. No Responsibility for User Content: This disclaimer addresses any user-generated content on the website, such as reviews, comments, or testimonials. It emphasizes that the company does not endorse or verify the accuracy of such content and disclaims any liability arising from its publication. It is important to note that these are just a few examples of disclaimers commonly used in Illinois by businesses to protect themselves. The specific language and coverage of a disclaimer can vary depending on the nature of the business, the product or service being offered, and the potential risks associated with its use. In conclusion, for businesses operating in Illinois and providing products or services via websites, including disclaimers on express and implied warranties is vital. The right disclaimers can help protect businesses from potential legal liabilities and safeguard their reputation. It is strongly recommended consulting with a legal professional to ensure that disclaimers are properly drafted and effectively minimize risks.
