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 Oklahoma Disclaimer on Website of Express and Implied Warranties: A Comprehensive Guide Introduction: In Oklahoma, disclaimers play a crucial role in protecting businesses and individuals from potential legal liability by limiting certain express and implied warranties. This detailed description aims to provide an overview of Oklahoma disclaimers on the website of express and implied warranties, highlighting their importance and different types. 1. Oklahoma Express Warranty Disclaimers: Express warranties are specific promises made by sellers or service providers regarding the quality, characteristics, or performance of a product or service. In Oklahoma, businesses often include express warranty disclaimers on their websites to protect themselves from certain obligations. These disclaimers may include phrases like "This product/service is provided as is," "No warranties, whether express or implied, are made," or "All warranties, expressed or implied, including but not limited to..." Such disclaimers are intended to clearly state that no express warranty is provided for a particular product or service, relieving the seller from responsibility for any potential defects or performance issues. 2. Oklahoma Implied Warranty Disclaimers: Implied warranties, on the other hand, are automatically presumed by law and are not explicitly stated or written. These warranties include the implied warranty of merchantability (products are fit for their intended use) and the implied warranty of fitness for a particular purpose (products are suitable for a specific use, as communicated by the buyer). Oklahoma allows individuals and businesses to disclaim implied warranties through website disclaimers. Different types of implied warranty disclaimers that can be used include "We make no warranties of any kind, whether express or implied," "We do not guarantee the accuracy or completeness," or "Any implied warranties, including warranties of merchantability or fitness, are expressly disclaimed." These disclaimers aim to inform customers that the seller is not responsible for any defects or issues that may arise. 3. Limited Liability Statements: In conjunction with warranty disclaimers, businesses may also include limited liability statements to further protect themselves. These statements help restrict the extent to which a business can be held liable, providing a cap on potential damages or remedies. Users may come across statements such as "In no event shall we be liable for any damages" or "Our liability is limited to the purchase price of the product or service." By incorporating limited liability statements, businesses reduce their exposure to legal claims or compensation demands. 4. Consultation with Legal Professionals: It is important to note that creating effective disclaimers requires careful consideration and consultation with legal professionals. Each business's unique circumstances and the nature of its products or services may impact the content and effectiveness of any disclaimer. Professional legal advice ensures that disclaimers align with Oklahoma laws and offer adequate protection. Conclusion: Oklahoma disclaimers on websites regarding express and implied warranties are essential for businesses and individuals to protect themselves from potential legal liabilities. By utilizing carefully crafted disclaimers, including express warranty disclaimers, implied warranty disclaimers, and limited liability statements, companies can mitigate risks and provide clear communication to their customers. Seek the guidance of legal professionals to ensure your disclaimers are well-tailored to your business's needs and comply with Oklahoma laws.
