Implied warranties are unspoken, unwritten promises, created by state law, that go from the seller or merchant to the customers. The Uniform Commercial Code provides for two basic types of implied warranties that occur in consumer product transactions. They are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The "implied warranty of merchantability" is a seller's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. According to the law, merchants make this promise automatically every time they sell a product they are in business to sell. By contrast, the implied warranty of "fitness for a particular purpose" is a promise that a seller makes when the customer relies on the advice that a product can be used for some specific purpose.
A disclaimer is a means of denying that you are making one or more express or implied warranties. In the absence of a disclaimer, a breach of warranty will often give the purchaser of the faulty item the right to recover the cost of the item as well as additional damages caused by that breach of warranty.
A product may be accompanied by instructions or warnings, instructions and warnings, or neither. The duty to warn includes the duty to provide adequate instructions for safe use. Thus, the duty to warn actually consists of two duties: (1) to provide adequate instructions for safe use, and (2) to provide a warning as to dangers inherent in improper use.
Indiana Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine: When selling a roofing machine in Indiana, it is crucial to include a detailed disclaimer of warranties and warnings to protect both the manufacturer and the customer. Such disclaimers and warnings should be displayed on the manufacturer's website and included with the shipped product. Here are some key points to consider when drafting these disclaimers: 1. Title/Heading: Clearly label the disclaimer as "Indiana Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine" to inform customers about the purpose of the document. 2. Introduction: Begin the disclaimer by emphasizing the importance of properly using the roofing machine and understanding the associated risks. Explain that these disclaimers are in line with Indiana state laws and are designed to protect both parties involved. 3. Warranty Disclaimer: Include a section that explicitly states that the manufacturer does not provide any warranties, expressed or implied, with regard to the roofing machine. Enumerate that the machine is sold "as-is" and without any guarantee of performance, fitness for a particular purpose, or merchantability. 4. Limitations of Liability: Outline the limitations of the manufacturer's liability for any damages or injuries resulting from the use or misuse of the roofing machine. Emphasize that the customer assumes all risks associated with its usage and that the manufacturer will not be held responsible for any direct, indirect, incidental, or consequential damages. 5. Proper Use: Detail the correct usage guidelines and stipulate that failure to abide by these guidelines may result in damage to the machine, injury, or even death. Encourage customers to thoroughly read the provided instructions, seek professional advice, and use the machine strictly within its intended purpose. 6. Warning Labels: Mention the inclusion of warning labels on the roofing machine itself, instructing users to exercise caution and adhere to safety protocols. Highlight the significance of obeying these labels to mitigate risks and potential accidents. Optional Types of Indiana Disclaimer of Warranties and Warnings: — Standard Disclaimer: A general disclaimer covering all aspects of proper use and limitations of liability for the roofing machine. — Expert Use Disclaimer: A specialized disclaimer that emphasizes the expertise required to operate the roofing machine safely. This type of disclaimer may be relevant for professional roofers or contractors. — Consumer Use Disclaimer: A disclaimer tailored to non-professional or consumer users, highlighting safety awareness, and discouraging usage for commercial or advanced purposes. By providing comprehensive disclaimers and warnings as part of the manufacturer's website and shipping process, businesses in Indiana can protect themselves legally, ensure customer safety, and encourage responsible usage of roofing machines. Always consult legal professionals to ensure compliance with the specific laws and regulations of Indiana.
