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.
Nebraska Disclaimer on Website of Express and Implied Warranties: A Comprehensive Guide When conducting business online, it is crucial to understand the legal implications and protection offered by disclaimers, especially in relation to express and implied warranties. In the state of Nebraska, disclaimers on websites play a significant role in protecting businesses from potential liability claims related to the warranties they provide. This article aims to provide a detailed description of Nebraska disclaimers on websites for express and implied warranties while highlighting their importance and different types. 1. Nebraska Disclaimers Explained: Nebraska disclaimers on websites act as formal statements by businesses, explicitly stating the limitations and exclusions of warranties provided. These disclaimers aim to reduce the risk of potential legal claims arising from any implied or express warranties that a product or service may have. 2. Importance of Disclaimers: a. Clarity: Disclaimers ensure that customers are fully aware of the extent of warranties provided by a business, leaving no room for misinterpretation or misunderstanding. b. Mitigation of Liability: By including appropriate disclaimers, businesses in Nebraska can protect themselves from potential litigation arising from warranty claims. These disclaimers set clear boundaries between the responsibilities of the business and the consumer. 3. Express Warranties Disclaimers: Express warranties, as defined by Nebraska law, are explicitly stated promises or guarantees made by a business regarding their product or service. The following are different types of express warranty disclaimers seen on Nebraska websites: a. "As-Is" Disclaimers: These disclaimers explicitly state that a product or service is being sold without any express warranties whatsoever. This disclaimer eliminates any implied representation of quality or fitness for a particular purpose. b. Limited Warranty Disclaimers: Businesses may offer limited warranties for their products or services, specifying the terms and conditions. These disclaimers outline any limitations and exclusions that apply to the warranty, protecting businesses from liability claims beyond the specified scope. 4. Implied Warranties Disclaimers: Implied warranties refer to unwritten guarantees that arise automatically under Nebraska law, even if not explicitly stated. Here are the different types of implied warranty disclaimers found on Nebraska websites: a. Merchantability Disclaimers: These disclaimers assert that a product or service may not be suitable for a particular purpose and that the buyer assumes the risk if they choose to use it for said purpose. b. Fitness for a Particular Purpose Disclaimers: These disclaimers state that a specific product or service may not be fit for a particular purpose, and the buyer is responsible for determining its suitability. In conclusion, in Nebraska, disclaimers on websites regarding express and implied warranties are crucial for businesses to mitigate potential legal claims. Different types of disclaimers can be employed, such as "as-is" and limited warranty disclaimers for express warranties, and merchantability and fitness for a particular purpose disclaimers for implied warranties. It is essential for businesses to consult legal professionals to ensure their disclaimers accurately reflect the warranties they provide, minimizing the risk of liability issues.
