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 business or providing goods and services in Oregon, it is essential to understand and comply with the state's laws regarding express and implied warranties. These warranties determine the extent to which a product or service is guaranteed to perform as expected, and they can have significant implications for businesses and consumers alike. To provide clarity and protect their rights, many businesses in Oregon include a Disclaimer on their website explicitly addressing express and implied warranties. An Oregon Disclaimer on a Website of Express and Implied Warranties is a legal statement that outlines the specific warranties, or lack thereof, provided by the business. It assures customers that the company does not make any guarantees beyond what is explicitly stated and that customers cannot rely on any implied warranties. By explicitly disclaiming certain warranties, businesses can limit their liability and protect themselves from potential legal disputes. There are different types of Oregon Disclaimers that businesses can use on their websites to address express and implied warranties. Some common types include: 1. General Disclaimer: This type of disclaimer states that the business provides its products or services "as is" and without any warranties, either express or implied. It specifies that the business makes no representations or guarantees regarding the accuracy, reliability, or performance of the products or services. 2. Limited Warranty Disclaimer: This disclaimer acknowledges that the business may offer limited warranties for its products or services but specifies the specific limitations and exclusions of these warranties. It also highlights any conditions or requirements that must be met for the warranty to be valid. 3. Implied Warranty Disclaimer: This type of disclaimer explicitly disclaims any implied warranties that may arise under Oregon law, such as the implied warranty of merchantability or fitness for a particular purpose. It clarifies that these implied warranties are not applicable to the products or services provided by the business. 4. Non-Waiver Disclaimer: This disclaimer asserts that any failure or delay by the business in exercising its rights or remedies under the warranty does not constitute a waiver of those rights or remedies. It clarifies that the business can still enforce its rights even if it does not immediately address a breach of warranty. In summary, an Oregon Disclaimer on a Website of Express and Implied Warranties is a legal statement businesses include on their websites to define the extent of their warranties and limit their liability. By using various types of disclaimers, businesses in Oregon can be transparent about the warranties they provide, protect themselves from potential legal disputes, and maintain a fair relationship with their customers.
