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.
Title: Understanding New Jersey Disclaimers on Express and Implied Warranties Introduction: New Jersey state law recognizes the importance of clarifying the terms and conditions associated with express and implied warranties. To protect businesses and minimize potential legal disputes, a disclaimer on a website regarding warranties can play a crucial role. In this article, we will delve into the various types of New Jersey disclaimers related to express and implied warranties, ensuring compliance and safeguarding your business interests. 1. Express Warranties Disclaimer: An express warranty refers to any affirmation or promise by a seller concerning the quality, characteristics, or performance of a product. To clarify the business's intent, a New Jersey Express Warranties Disclaimer can be included on their website. This disclaimer communicates that any statements or descriptions made about the product's qualities are not binding warranties and that the business does not assume any liability if the product doesn't meet expectations. 2. Implied Warranties Disclaimer: Unlike express warranties, implied warranties are not explicitly stated but are automatically imposed by law. To avoid any potential misunderstandings, a New Jersey Implied Warranties Disclaimer may be included on a website. This disclaimer clarifies that the business does not intend to provide any implied warranties, such as the warranty of merchantability or fitness for a particular purpose, unless expressly stated. 3. Limitation of Liability Disclaimer: In addition to disclaiming express and implied warranties, businesses can use a Limitation of Liability Disclaimer in New Jersey. By stating that the business is not liable for any direct, indirect, incidental, consequential, or exemplary damages resulting from the use or inability to use the product or service, the business can limit its liability to the maximum extent permitted by law. 4. Use Restrictions Disclaimer: To further protect their interests, businesses may include a Use Restrictions Disclaimer, which outlines specific limitations or conditions for product usage. This disclaimer informs users of any constraints, such as usage in specific geographic areas or for particular applications, and serves to mitigate potential misuse or damages arising from non-compliance. Conclusion: To navigate the legal landscape in New Jersey concerning warranties effectively, it is essential for businesses to incorporate appropriate disclaimers on their websites. Different types of disclaimers, such as Express Warranties Disclaimer, Implied Warranties Disclaimer, Limitation of Liability Disclaimer, and Use Restrictions Disclaimer, can be used to protect businesses from potential legal disputes and clarify the terms and conditions associated with their products or services. Seeking legal counsel is advisable to ensure compliance with New Jersey state laws and regulations.
