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 the Different Types of New York Disclaimer on Website of Express and Implied Warranties Introduction: When it comes to websites, it is crucial for businesses to protect themselves legally by including disclaimers, particularly pertaining to express and implied warranties. In the state of New York, there are various types of disclaimers that must be considered to safeguard businesses from potential legal repercussions. This article aims to provide a detailed description of what New York disclaimers on website express and implied warranties entail, outlining their importance and different types. 1. Express Warranty Disclaimers: An express warranty is a specific guarantee made by a seller regarding the quality, performance, or condition of a product or service. A disclaimer for express warranties clarifies that the information provided on the website does not equate to any express warranty, reducing the seller's liability should the product or service not meet the buyer's expectations. 2. Implied Warranty Disclaimers: Implied warranties are not explicitly stated but are implied by law, ensuring that goods sold meet a minimum level of quality and are fit for their intended purpose. In New York, two common types of implied warranties disclaimers are as follows: a) Implied Warranty of Merchantability Disclaimer: This disclaimer acknowledges that the website does not make any representations or warranties regarding the quality, durability, or fitness for a particular purpose of the products or services being offered. It protects businesses from potential claims if the product or service fails to meet the implied warranty of merchantability standard. b) Implied Warranty of Fitness for a Particular Purpose Disclaimer: This type of disclaimer states that the website does not warrant or guarantee that the products or services are suitable for the buyer's specific purpose or needs. It provides protection when a buyer relies on the seller's expertise or advice and the product or service does not fulfill its intended purpose. 3. General New York Disclaimer on Website: Apart from specific disclaimers related to express and implied warranties, it is essential for websites to include a general disclaimer suitable for the state of New York. This disclaimer must state that the information provided on the website is for general informational purposes only and should not be considered legal advice. It should also mention that the website owner is not liable for any errors, omissions, or inaccuracies in the content and that the user accepts full responsibility for using the information provided. Conclusion: In order to protect their interests, businesses operating in New York must include appropriate disclaimers on their websites to address express and implied warranties. This article has highlighted the significance of New York disclaimers, offering insights into the various types that can be utilized. By implementing these disclaimers, businesses can minimize their liability and ensure legal compliance while maintaining transparency with their customers.
