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.
Ohio Disclaimer on Website of Express and Implied Warranties serves as a legal safeguard for businesses operating in the state of Ohio. It is crucial for websites to include this disclaimer to clarify and limit their liability regarding the warranties offered on their products or services. By incorporating relevant keywords, this detailed description highlights the significance of Ohio Disclaimers and explains various types commonly found on websites. Express warranties, also known as explicit warranties, are the explicit promises made by a seller or business regarding the quality, performance, or features of their goods or services. An Ohio Disclaimer on Website of Express Warranties protects the business by ensuring that any statements made on the website regarding express warranties are not binding beyond what is legally required. This prevents customers from holding the business accountable for claims made on their website that may not reflect the actual warranties provided. Implied warranties, on the other hand, are not explicitly stated by the seller but are nevertheless imposed by law to protect consumers. In Ohio, the Uniform Commercial Code (UCC) governs the implied warranties applicable to the sale of goods. Websites often have an Ohio Disclaimer on Website of Implied Warranties to limit their liability under these implied warranties. This disclaimer typically states that the business does not provide any implied warranties of merchantability (the goods being fit for their ordinary purpose) or fitness for a particular purpose. In addition to the general Ohio Disclaimer for express and implied warranties, there can be various specific disclaimers tailored to the nature of the products or services offered on a website. These disclaimers can include: 1. Product-Specific Disclaimer: This applies to websites that offer products with potential risks or limitations. For example, a website selling electronic devices might include a disclaimer stating that they are not responsible for any damage caused by misuse, improper handling, or unauthorized repairs of the products. 2. Health and Wellness Disclaimer: Websites related to health, wellness, or fitness often include disclaimers stating that the information provided is for informational purposes only and does not constitute medical advice. It clarifies that the website should not be relied upon for diagnosing or treating any medical conditions, urging users to seek professional advice. 3. Financial or Investment Disclaimer: Websites providing financial or investment advice include disclaimers specifying that the information presented should not be considered as personalized financial advice, and individuals should consult with a professional advisor before making any financial decisions. These examples demonstrate the need for Ohio Disclaimers on Websites of Express and Implied Warranties. Such disclaimers protect businesses from potential legal disputes and ensure clarity between the company and its customers regarding the warranties offered. Companies should consult legal professionals to craft accurate and effective disclaimers that align with both Ohio laws and their specific business needs.