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.
New Hampshire Disclaimer on Website of Express and Implied Warranties In New Hampshire, a disclaimer on the website of express and implied warranties is a legal statement that aims to protect businesses and inform customers about the scope of warranties offered. This disclaimer outlines the rights and limitations associated with purchasing products or services, establishing clear expectations for both parties involved. Express warranties are specific promises made by the seller or manufacturer regarding the quality, performance, or characteristics of a product or service. These warranties may be explicitly stated in writing, orally communicated, or even implied by custom or industry practice. A New Hampshire disclaimer on express warranties seeks to limit the seller's liability by clarifying any exclusions, limitations, or conditions associated with these promises. On the other hand, implied warranties, also recognized in New Hampshire, are not explicitly mentioned but arise automatically by operation of law. They assure customers that the purchased goods or services are of merchantable quality, fit for their intended purpose, and in conformity with any descriptions or samples provided. However, a New Hampshire disclaimer on implied warranties can be employed to disclaim or modify the extent of these implied warranties, as long as it does not contravene the state's laws and regulations. Different types of New Hampshire disclaimers on website of express and implied warranties may include: 1. General Disclaimer: This type of disclaimer broadly informs customers that the information provided on the website is for general informational purposes only and should not be considered as warranties or guarantees. 2. Express Warranty Disclaimer: This disclaimer expressly states that any express warranties, whether written or oral, are limited to specific conditions and exclusions as outlined on the website. It emphasizes that any other statements or representations made that are not explicitly mentioned should not be considered as warranties. 3. Implied Warranty Disclaimer: This type of disclaimer clarifies that the business disclaims all implied warranties to the fullest extent permitted by law. It informs customers that the business does not guarantee the merchantability, fitness for a particular purpose, or conformity of the goods or services to description or sample. It may also mention the potential exclusions or limitations to these warranties. 4. Limited Warranty Disclaimer: In this case, the disclaimer outlines the limitations of warranties provided by the business. It may specify the duration of any warranties, the exclusions or limitations of liability, and any additional conditions that customers need to be aware of when making a purchase. 5. Non-Warranty Disclaimer: Occasionally, businesses may choose to include a non-warranty disclaimer to clarify that no warranty is being provided whatsoever. This disclaimer highlights that customers are purchasing the product or service "as-is," without any guarantees or warranties, and assumes all risks associated with its use. It is important for businesses in New Hampshire to consult with legal professionals to ensure that their website's disclaimer on express and implied warranties is compliant with state laws and regulations. This will help protect both the business and customers, establishing clear guidelines and expectations for all parties involved in any commercial transaction.
