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.
Massachusetts Disclaimer on Website of Express and Implied Warranties: Everything You Need to Know When operating a website in Massachusetts, it is crucial to understand the legal implications surrounding express and implied warranties. These warranties play a significant role in consumer protection and can greatly impact your business. To protect yourself and inform your users about the limitations of warranties on your website, it is essential to include a Massachusetts Disclaimer on your website for both express and implied warranties. 1. Massachusetts Express Warranty Disclaimer: Express warranties are those specifically stated by the seller or manufacturer regarding the quality, performance, or characteristics of a product or service. These warranties are typically provided in written or verbal form and are often subject to certain terms and conditions. To create a Massachusetts Express Warranty Disclaimer, you can provide a clear statement on your website that explicitly disclaims any express warranties. For example: "By using this website, you acknowledge and agree that [Your Company] makes no express warranties or representations regarding the accuracy, reliability, or completeness of any information or products offered on this website." It is important to draft the disclaimer carefully and consult with legal professionals to ensure compliance with Massachusetts laws, as they may have specific requirements regarding the language and placement of disclaimers. 2. Massachusetts Implied Warranty Disclaimer: Implied warranties, on the other hand, are unspoken or unwritten guarantees imposed by law. In Massachusetts, the two primary types of implied warranties are the Implied Warranty of Merchantability and the Implied Warranty of Fitness for a Particular Purpose. The Implied Warranty of Merchantability guarantees that products sold by a merchant are fit for their intended purpose and meet the average consumer's reasonable expectations. The Implied Warranty of Fitness for a Particular Purpose, however, applies when a seller knows or has reason to know the specific purpose for which a buyer requires a product and recommends it accordingly. To include a Massachusetts Implied Warranty Disclaimer on your website, you can state: "[Your Company] expressly disclaims all implied warranties, including but not limited to the Implied Warranty of Merchantability and the Implied Warranty of Fitness for a Particular Purpose." By including this disclaimer, you are informing users that you do not make any guarantees beyond what is explicitly stated, and they should not assume any implied warranties in their interactions with your website. In conclusion, it is essential for businesses operating a website in Massachusetts to include disclaimers addressing both express and implied warranties. These disclaimers protect your business from unintended liability while also providing transparency to your users. Remember to consult with legal professionals to ensure compliance with Massachusetts laws and tailor the disclaimers appropriately for your specific business needs.
