Implied warranties are unspoken, unwritten promises, created by state law, that go from the seller or merchant to the customers. The Uniform Commercial Code provides for two basic types of implied warranties that occur in consumer product transactions. They are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The "implied warranty of merchantability" is a seller's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. According to the law, merchants make this promise automatically every time they sell a product they are in business to sell. By contrast, the implied warranty of "fitness for a particular purpose" is a promise that a seller makes when the customer relies on the advice that a product can be used for some specific purpose.
A disclaimer is a means of denying that you are making one or more express or implied warranties. In the absence of a disclaimer, a breach of warranty will often give the purchaser of the faulty item the right to recover the cost of the item as well as additional damages caused by that breach of warranty.
A product may be accompanied by instructions or warnings, instructions and warnings, or neither. The duty to warn includes the duty to provide adequate instructions for safe use. Thus, the duty to warn actually consists of two duties: (1) to provide adequate instructions for safe use, and (2) to provide a warning as to dangers inherent in improper use.
North Dakota Disclaimer of Warranties and Warnings in Connection with Improper Use of a Roofing Machine When shipping a roofing machine to customers, it is crucial to include a comprehensive North Dakota Disclaimer of Warranties and Warnings to protect both the manufacturer and the customer from any potential liability. This disclaimer should be prominently displayed on the product's website and physically included with the shipped product. Here are a few different types of disclaimers and warnings that could be included: 1. "North Dakota Disclaimer of Warranty": — This disclaimer states that the manufacturer makes no express or implied warranties regarding the performance, safety, or suitability of the roofing machine. It clarifies that any use of the machine is at the customer's own risk and that the manufacturer is not responsible for any damages, injuries, or losses incurred due to its use. 2. "Limitation of Liability": — This type of disclaimer limits the manufacturer's liability for any damages that may arise from the use of the roofing machine. It specifies that the manufacturer will not be held responsible for any direct, indirect, incidental, special, or consequential damages, including but not limited to property damage, personal injury, or loss of profits. 3. "Warning Labels": — In addition to the disclaimer, warning labels should be affixed to the roofing machine, highlighting potential risks and dangers associated with improper use. These labels should warn users about potential electrical hazards, falls from heights, entanglement risks, and other safety concerns. The labels should be clear, visible, and include appropriate pictograms to ensure customers are aware of the risks involved. 4. "Proper Use and Maintenance": — This section of the disclaimer outlines the proper procedures for using the roofing machine, emphasizing the importance of following the manufacturer's instructions and guidelines. It may include information such as regular maintenance requirements, appropriate operating conditions, and recommended safety equipment. 5. "Training and Certification": — This disclaimer encourages users to seek proper training and certification in operating the roofing machine. It emphasizes that only trained and qualified individuals should use the equipment to minimize the risk of accidents or injuries. It is essential for manufacturers to customize these disclaimers and warnings specifically for North Dakota, aligning with the state's laws and regulations. Furthermore, it is recommended to consult with a legal professional to ensure compliance and to provide adequate protection for both the manufacturer and the customers in North Dakota.
