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.
When operating a website that involves the sale of goods or services, it is crucial to include a well-crafted Nevada Disclaimer on Express and Implied Warranties. This disclaimer serves as a legal protection mechanism for online businesses, specifically in Nevada, against potential liability claims arising from warranties. Nevada's law recognizes two primary types of warranties: express and implied warranties. An express warranty refers to any specific guarantees or promises made by the seller regarding the quality, condition, or performance of the product or service being offered. These warranties are typically stated explicitly, either verbally or in writing, thereby setting certain expectations for the buyer. On the other hand, implied warranties are those that are not expressly mentioned but are automatically imposed by law. In Nevada, the implied warranty of merchantability ensures that the product sold is fit for its intended purpose and reasonably conforms to the buyer's expectations. Additionally, the implied warranty of fitness for a particular purpose arises when the seller knows or should reasonably know that the buyer is relying on their expertise to fulfill a specific requirement. To address both express and implied warranties, a Nevada Disclaimer on a website should contain relevant keywords to ensure its effectiveness. Some key phrases that may be included are: 1. "Express Warranty Disclaimer": This section should state that any claims, statements or representations made on the website about the product or service should not be interpreted as binding express warranties. 2. "Implied Warranty Disclaimer": This part clearly states that the business disclaims any implied warranties, including those of merchantability and fitness for a particular purpose. It emphasizes that the products or services are provided "as is" without any guarantees. 3. "Limitation of Liability": Here, the website should include a clause that limits the business's liability for any defects, damages, or issues arising from the product or service. It may state that the maximum liability of the business is limited to the purchase price of the product or service. 4. "Non-Reliance Clause": This clause asserts that the buyer should not rely solely on any statements, warranties, or representations made on the website. It acknowledges that the buyer has the responsibility to conduct their own research and evaluation before making a purchase. 5. "Jurisdiction and Governing Law": It is important to specify that Nevada law governs any disputes or claims arising out of the warranties, ensuring that the disclaimer is legally enforceable in the state. It is prudent to consult with an attorney who specializes in Nevada law to ensure that the Nevada Disclaimer on Express and Implied Warranties is tailored to meet the specific needs and requirements of your business. By including a comprehensive disclaimer on your website, you can protect your business from potential liability claims and establish clear expectations with your customers regarding warranties and guarantees.
