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.
Disclaimer on Website of Express and Implied Warranties in Missouri: Understanding the Different Types In Missouri, it is crucial that websites incorporate disclaimers to protect themselves from potential legal issues related to express and implied warranties. These disclaimers serve as a safeguard, making it clear to users that the website owner does not make any specific promises or representations regarding the quality or performance of their products or services. By including a disclaimer, businesses can minimize liability and potential claims from consumers who may have assumed certain warranties were in place. There are different types of disclaimers in Missouri that businesses should be aware of, including: 1. General Disclaimer: This type of disclaimer is a broad statement that covers a range of circumstances and illustrates the website owner's intent to limit their liability for any express or implied warranties. It informs users that they should not rely solely on the information provided on the website and that they use it at their own risk. 2. Express Warranty Disclaimer: An express warranty is a specific promise or guarantee made by the website owner. However, in Missouri, businesses have the option to disclaim these express warranties. This type of disclaimer should clearly state that any statements made on the website regarding warranties are not binding, and that the user should consult the specific terms and conditions or contact the business directly for accurate and up-to-date information. 3. Implied Warranty Disclaimer: Implied warranties are unspoken promises that goods or services will meet a certain level of quality or performance. In Missouri, businesses can disclaim these implied warranties, such as the warranty of merchantability or fitness for a particular purpose. The disclaimer must be conspicuous and clearly state that the website owner does not assume responsibility for any potential defects or failures in the products or services advertised on the website. 4. Limited Warranty Disclaimer: In some cases, a business may choose to provide limited warranties for certain products or services. These warranties have specific terms and conditions that outline their limitations and exclusions. To avoid misunderstandings, it is essential to include a limited warranty disclaimer on the website, explicitly stating the limitations of the offered warranties and the user's responsibilities for fulfilling warranty claims. It is important to note that while a disclaimer on a website can help protect a business in Missouri, there are legal requirements and limitations that apply. Consulting with an attorney familiar with Missouri consumer protection laws can ensure that your website's disclaimer is properly crafted, compliant, and aligns with your business's specific needs and circumstances. In conclusion, a well-drafted disclaimer on the website of express and implied warranties is crucial for businesses operating in Missouri. These disclaimers should cover general statements, disclaim specific express warranties, address implied warranties, and include limited warranty disclaimers when appropriate. By following these guidelines, businesses can help protect themselves from potential legal issues and ensure clarity with their customers.
