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 Kentucky's Disclaimer on Website of Express and Implied Warranties Introduction: When running a website, it is crucial for businesses to have a disclaimer in place to protect themselves and manage user expectations. In Kentucky, disclaimers specifically addressing express and implied warranties play a crucial role. This article aims to provide a detailed description of Kentucky's disclaimer on the website of express and implied warranties, covering different types of disclaimers commonly employed. 1. Overview of Kentucky's Website Disclaimer for Express and Implied Warranties: In Kentucky, disclaimers act as a legal protection mechanism that helps businesses exclude or limit certain warranties concerning the content, products, or services offered on their website. By using relevant keywords, such as "Kentucky," "express warranties," "implied warranties," and "website disclaimer," businesses can ensure their website visitors are aware of the limitations and potential exclusions of warranties. 2. Types of Kentucky Disclaimers on Website of Express and Implied Warranties: a) Express Warranty Disclaimer: This type of disclaimer explicitly states that any express warranties made by the website owner or business do not apply to the information, products, or services provided through the website. It clarifies that the business is not making any guarantees beyond what is explicitly mentioned. b) Implied Warranty Disclaimer: The implied warranty disclaimer highlights that the website owner or business does not provide any implied warranties or guarantees concerning the quality, fitness for a particular purpose, or non-infringement of intellectual property rights in relation to the website's content, products, or services. c) Limitations of Liability: While not a disclaimer on its own, it is often included to reinforce the limitations of warranty disclaimers. A limitation of liability clause outlines the maximum liability a business is willing to assume for any damages resulting from the use of the website, products, or services offered. d) Click wrap Agreement: Although not limited to Kentucky, a click wrap agreement often accompanies disclaimers on websites. Users must actively agree to the terms and conditions of the website, including the disclaimer, by checking a box or clicking a button. This ensures users are aware of the disclaimers before using the website. 3. Importance of Kentucky's Disclaimer on Website of Express and Implied Warranties: By having a well-crafted website disclaimer that addresses express and implied warranties, businesses can protect themselves from potential legal claims related to product/service reliability, functionality, or suitability. It establishes transparency, manages user expectations, and reduces the likelihood of disputes or misunderstanding between the business and its website visitors. Conclusion: In the state of Kentucky, maintaining a comprehensive disclaimer on websites regarding express and implied warranties is crucial for businesses. By incorporating relevant keywords and addressing different types of disclaimers, businesses can ensure they protect their interests and provide clear information to users about the limitations and exclusions of warranties.
