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.
Michigan Disclaimer on Website of Express and Implied Warranties: A Comprehensive Guide In the state of Michigan, it is essential for businesses to include disclaimers on their websites regarding express and implied warranties. These disclaimers serve to inform and protect both the business and its customers, ensuring clear communication and setting expectations when it comes to products or services offered. In this article, we will discuss the importance of Michigan disclaimers, their purpose, and some common types found on websites. 1. The Importance of Disclaimers in Michigan: In Michigan, disclaimers play a critical role in clarifying the legal rights and responsibilities of both businesses and consumers. They help to prevent misunderstandings, minimize potential liabilities, and reduce the likelihood of legal disputes. By explicitly stating the limitations and exclusions of warranties, businesses can define the scope of their obligations and protect themselves from claims based on implied warranties. 2. Purpose of a Disclaimer on Express and Implied Warranties: A disclaimer on express and implied warranties is intended to provide transparency and establish the terms of the relationship between the business and customer. It outlines the extent to which the business guarantees the quality, performance, or fitness for a specific purpose of its products or services. By disclaiming certain warranties, businesses aim to limit potential liability and ensure that customers understand any limitations regarding their purchases. While express warranties are explicitly stated, implied warranties may arise automatically under Michigan law, and disclaimers help businesses avoid unintentional assumption of such warranties. 3. Types of Michigan Disclaimers on Website of Express and Implied Warranties: a) General Disclaimer: This type of disclaimer asserts that the information on the website is for general informational purposes only and does not constitute warranties of any kind. b) Warranty Disclaimer: This disclaimer explicitly states that the business does not make any express warranties, whether written or verbal, regarding the products or services offered. c) Limitation of Liability Disclaimer: This type of disclaimer indicates that the business will not be held responsible for any damages or losses incurred due to the use of its products or services, thereby limiting its liability. d) Implied Warranty Disclaimer: This disclaimer clarifies that the business does not offer any implied warranties of merchantability or fitness for a particular purpose, relieving the business from any obligations beyond those explicitly stated. In conclusion, Michigan disclaimers on websites, specifically relating to express and implied warranties, are vital for businesses to protect their interests and ensure transparent communication with customers. By utilizing various types of disclaimers, businesses can limit their liabilities, establish clear expectations, and prevent potential legal issues. However, it is crucial to consult with legal professionals familiar with Michigan laws to draft an appropriate and effective disclaimer for your specific business needs.
