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.
The Louisiana Disclaimer on Website of Express and Implied Warranties is an essential legal safeguard that businesses should consider incorporating into their online platforms. This disclaimer aims to clarify the company's stance regarding the warranties offered on their products or services and assert their limitations and exclusions in compliance with Louisiana state laws. By implementing this disclaimer, businesses can protect themselves against potential legal disputes arising from misunderstanding or misinterpretation of warranties. The Louisiana law recognizes two main types of warranties — express warranties and implied warranties. Express warranties are explicitly stated by the seller, either orally or in writing, which guarantees the quality, performance, or characteristics of the product or service. Implied warranties, on the other hand, are automatically generated by the law and are presumed to be present in most transactions, ensuring that the product is fit for its intended purpose and meets reasonable expectations. In incorporating a Louisiana Disclaimer on their website, businesses should clearly mention that the provided information is meant for general purposes only and should not be considered as legal advice. This disclaimer acts as an assurance that any warranties mentioned or published on the website are subject to limitations and conditions defined explicitly by the business. It is crucial for the disclaimer to highlight that the business reserves the right to modify or discontinue any warranties mentioned on the website without prior notice. A well-drafted Louisiana Disclaimer may include specific language such as: 1. "No express warranties": This clause clarifies that the business does not provide any express warranties, explicitly disclaiming any guarantees or representations made by the company regarding its products or services. 2. "Implied warranties' disclaimer": This section states that the business expressly disclaims any implied warranties, including the warranty of merchantability (fitness for a particular purpose) and warranty of non-infringement. 3. "Limitation of liability": The disclaimer should specify that the business limits its liability to the maximum extent permitted by Louisiana law, excluding any consequential damages or incidental expenses resulting from the use or misuse of their products or services. 4. "Exclusion of certain warranties": It is crucial to outline which warranties are not applicable, thus excluding any warranties that cannot be disclaimed under Louisiana state laws. 5. "No guarantee of accuracy or completeness": The disclaimer should also state that the business does not guarantee the accuracy, completeness, or reliability of the information provided on the website, acknowledging that errors or omissions may occur. By implementing a comprehensive Louisiana Disclaimer on their website, businesses can effectively manage customer expectations, minimize potential disputes, and protect their legal rights under Louisiana state laws. It is advisable to consult with a qualified attorney to ensure the disclaimer aligns with specific business requirements and conform to the latest legal standards.
