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 Mexico Disclaimer on Website of Express and Implied Warranties: When creating a website, it is important to include a New Mexico disclaimer to protect your business and clarify the terms and conditions related to express and implied warranties. This disclaimer ensures that visitors to your website understand the limitations and exclusions of warranties associated with the products or services you provide. Express warranties, as the name suggests, are explicitly stated promises made by the seller about the quality or performance of a product or service. Such warranties offer assurance to customers and play a crucial role in building trust. However, it is essential to include a clear and precise express warranty disclaimer on your website to protect your business from unexpected liabilities. Implied warranties, on the other hand, are not explicitly stated but are automatically implied by state laws. In New Mexico, implied warranties generally include the warranty of fitness for a particular purpose, warranty of merchantability, and warranty against hidden defects. These warranties provide consumers with certain rights and protections when they purchase goods or services. To ensure compliance with New Mexico laws and protect your business, it is advisable to include the following disclaimers or notices on your website: 1. Express Warranty Disclaimer: This disclaimer should clearly state that any express warranties made by your business are limited to the terms and conditions specified in writing. It should also clarify that any additional warranties or guarantees mentioned on your website, verbally, or through other means are not binding unless explicitly mentioned in writing. 2. Implied Warranty Disclaimer: This disclaimer should mention that, to the extent allowed by law, your business disclaims all implied warranties, including but not limited to the warranty of fitness for a particular purpose, warranty of merchantability, and warranty against hidden defects. It should be clearly stated that your business does not make any representation or warranty regarding the quality, performance, or suitability of the products or services offered. 3. Limitation of Liability: It is crucial to include a limitation of liability clause that outlines the extent of your business's responsibility for any damages or losses arising from the use of your products or services. The clause should specify that your business shall not be liable for any direct, indirect, incidental, or consequential damages. Remember, legal disclaimers are highly specific to the jurisdiction in which your business operates. To ensure accuracy and compliance, it is recommended to consult with an attorney familiar with New Mexico laws regarding express and implied warranties.
