Implied warranties are unspoken, unwritten promises, created by state law, that go from the seller or merchant to the customers. The Uniform Commercial Code provides for two basic types of implied warranties that occur in consumer product transactions. They are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The "implied warranty of merchantability" is a seller's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. According to the law, merchants make this promise automatically every time they sell a product they are in business to sell. By contrast, the implied warranty of "fitness for a particular purpose" is a promise that a seller makes when the customer relies on the advice that a product can be used for some specific purpose.
A disclaimer is a means of denying that you are making one or more express or implied warranties. In the absence of a disclaimer, a breach of warranty will often give the purchaser of the faulty item the right to recover the cost of the item as well as additional damages caused by that breach of warranty.
A product may be accompanied by instructions or warnings, instructions and warnings, or neither. The duty to warn includes the duty to provide adequate instructions for safe use. Thus, the duty to warn actually consists of two duties: (1) to provide adequate instructions for safe use, and (2) to provide a warning as to dangers inherent in improper use.
Oklahoma Disclaimer of Warranties and Warnings: Protecting Users of Roofing Machines In order to ensure the safe and proper use of roofing machines, it is essential to provide clear disclaimers and warnings to customers. These disclaimers and warnings serve as crucial reminders of the potential dangers associated with improper use of such equipment, thereby protecting both the users and the manufacturers from liability or accidents. When shipping a roofing machine to a customer in Oklahoma, it is important to include the appropriate disclaimer and warnings to ensure compliance with local laws and regulations. 1. General Disclaimer of Warranties: One type of Oklahoma Disclaimer of Warranties is a general statement that communicates that the manufacturer or supplier does not make any specific claims about the performance, suitability, or reliability of the roofing machine. It states that the purchaser assumes all risks associated with its use and acknowledges that the machine is provided "as is" without any warranties or guarantees of any kind, express or implied. 2. Disclaimer of Warranty for Misuse or Improper Use: This type of disclaimer is specifically designed to absolve the manufacturer or supplier from any responsibility for damages, injuries, or malfunctions resulting from the misuse or improper use of the roofing machine. It clearly states that the machine must only be used in accordance with the provided instructions, and any deviation from these instructions may void any warranty provided. 3. Disclaimer of Consequential Damages: Another important element in the Oklahoma Disclaimer of Warranties is the exclusion of liability for consequential damages. This disclaimer specifies that the manufacturer or supplier will not be liable for any indirect, incidental, special, or consequential damages that may arise from the use or misuse of the roofing machine, including but not limited to property damage, personal injury, or financial loss. 4. Warning Labels on the Product: To further enhance user safety, warnings can be placed directly on the roofing machine. These warnings should be clear, concise, and conspicuous, and should emphasize key safety instructions and potential risks associated with improper use. Examples of such warnings may include the importance of wearing proper safety gear, avoiding contact with moving parts, and maintaining a safe distance from the machine during operation. 5. Website Disclaimer and Customer Education: In addition to the disclaimers and warnings included in the product packaging, it is also critical to have a comprehensive disclaimer and educational content on the manufacturer's website. The website should provide detailed information about the roofing machine, its intended use, and the hazards associated with misuse or improper operation. The website should also emphasize the importance of reading and fully understanding the product manual, safety guidelines, and any instructional videos available. Overall, the Oklahoma Disclaimer of Warranties and Warnings for roofing machines should address potential liability concerns while prioritizing user safety. By clearly communicating the potential risks and the manufacturer's limited liability, customers can make informed decisions about the proper use and maintenance of the equipment, helping to ensure safe and accident-free operation.
