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.
North Dakota Disclaimer on Website of Express and Implied Warranties — A Comprehensive Guide Introduction: In North Dakota, businesses and individuals who maintain a website where express and implied warranties are involved must be aware of the importance of disclaimers. These disclaimers are essential to limit liability and clearly communicate to users the extent of warranties or lack thereof. This article will provide a detailed description of North Dakota disclaimers on websites of express and implied warranties, while also highlighting different types of disclaimers commonly used. Express Warranties in North Dakota: Express warranties are explicit promises made by sellers regarding the quality, durability, performance, or other aspects of their products or services. In North Dakota, sellers have the freedom to design these warranties according to their preferences. However, it is crucial for businesses to ensure that these warranties are accurately and clearly represented on their websites. A North Dakota disclaimer on express warranties should include: 1. Identification of Express Warranties: Clearly state the specific warranties provided on the website, mentioning the product or service they cover. 2. Warranty Limitations: Establish any limitations, exclusions, or qualifications that may apply to express warranties. For instance, if the warranty is valid only for a certain period or for specific components of a product, this information should be clearly expressed. 3. Remedies: Highlight the available remedies in case the product or service fails to meet the express warranty. This could include repair, replacement, refund, or any other provisions that may be granted under North Dakota law. Implied Warranties in North Dakota: Apart from express warranties, North Dakota law also recognizes several implied warranties that automatically arise in certain transactions, such as the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. For websites involved in selling goods or services in North Dakota, it is crucial to understand these implied warranties and provide appropriate disclaimers to limit liability. Failure to include disclaimers may result in unintentional warranties being imposed on the seller. Types of North Dakota Disclaimers: 1. General Disclaimer: This type of disclaimer can be used to address both express and implied warranties. It clearly states that the website owner disclaims any warranties (express or implied) regarding the accuracy, reliability, completeness, or suitability of the information provided on the website. 2. Implied Warranty Disclaimer: This disclaimer specifically focuses on excluding the implied warranties of merchantability and fitness for a particular purpose. It informs users that the website owner does not make any guarantee that the products or services sold on the website are fit for a specific purpose or free from defects. 3. Limited Warranty Disclaimer: For websites that offer limited warranties, this disclaimer clearly communicates the limitations of the warranty coverage. It clarifies that the warranty only applies to specific aspects, timeframes, or conditions. Conclusion: In North Dakota, disclaimers on websites are crucial to protect businesses from unintended warranties and limit liability associated with express and implied warranties. Understanding the specific types of warranties and utilizing appropriate disclaimers can help website owners maintain transparency and avoid potential legal disputes. It is advisable to consult with a legal professional specializing in North Dakota law to ensure compliance with all relevant regulations.
