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 Indiana Disclaimer on Website of Express and Implied Warranties Introduction: When operating a website in Indiana, it is essential to understand the disclaimer relating to express and implied warranties. This disclaimer is crucial in clearly conveying the limitations and exclusions of warranties to protect both the website owner and users. In this article, we will delve into the details of Indiana's disclaimer on website warranties, different types of disclaimers, and their significance in ensuring transparency and legal compliance. 1. Express Warranty Disclaimer: Express warranties, also known as written or oral warranties, are specific promises made by the website owner regarding the quality, performance, or characteristics of a product or service. To protect themselves from potential liability claims, Indiana websites often include an express warranty disclaimer. This disclaimer explicitly states that the website owner does not provide any express warranties, thereby disclaiming any explicit promises beyond what is explicitly stated on the website. 2. Implied Warranty Disclaimer: Implied warranties, on the other hand, are unwritten warranties that are assumed to exist by law. These warranties guarantee that the products or services offered on the website are fit for their intended purpose, merchantable, and of satisfactory quality. However, Indiana websites can include an implied warranty disclaimer to restrict or eliminate implied warranties. This disclaimer clarifies that the website owner does not assume any implied warranties, except where explicitly required by law. 3. General Disclaimer: Alongside specific disclaimers for express and implied warranties, Indiana websites often include a general disclaimer. This disclaimer serves as a comprehensive provision to limit and exclude liability for any warranties, including those not explicitly mentioned. It typically states that the information, materials, or services provided on the website are for general informational purposes only and do not constitute professional advice. The general disclaimer protects website owners from being held accountable for any inaccuracies, errors, omissions, or data loss that may occur. 4. Limitations and Severability: Indiana's disclaimer on website warranties may include additional provisions to further limit liability. These provisions can specify the maximum extent to which the website owner can be held responsible for any damages arising from the use of the website or reliance on its content. Furthermore, severability clauses ensure that if any part of the disclaimer is deemed invalid, the remaining parts remain enforceable. Conclusion: Understanding and implementing an Indiana disclaimer on website warranties is crucial for websites operating in the state. Express warranty disclaimers, implied warranty disclaimers, and the general disclaimer protect both the website owner and users by clarifying the extent of warranties offered and limitations on liability. Additionally, limitations and severability provisions ensure the enforceability and effectiveness of the disclaimer. By including these disclaimers on their websites, Indiana businesses can promote transparency and compliance with state laws.
