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.
Puerto Rico Disclaimer on Website of Express and Implied Warranties: Understanding Your Rights When visiting a website that offers products or services, it is important to be aware of the Puerto Rico Disclaimer on Express and Implied Warranties. This disclaimer serves to inform and protect both the user and the website owner by setting clear expectations regarding warranties and disclaiming any liability for potential product or service issues. Express warranties, as the name suggests, are explicitly stated guarantees made by the seller or manufacturer regarding the quality, performance, or condition of their goods or services. These warranties serve to reassure customers that the product will meet certain standards and may outline specific remedies or replacement options if the product fails to meet those expectations. In Puerto Rico, just as in other jurisdictions, express warranties are legally binding and protect consumers from fraudulent claims. Implied warranties, on the other hand, are not explicitly stated but are presumed to exist by law. These warranties automatically apply to transactions involving the sale of goods or services, even if not explicitly mentioned or documented. These implied warranties act as an assurance that the product is fit for its intended purpose and is of a reasonable quality. They also provide consumers with remedies if the product fails to meet reasonable expectations. In Puerto Rico, websites that offer products or services are required to provide a disclaimer informing users of the limitations and exclusions of warranties. This disclaimer acts as a contract between the website owner and the user, establishing the terms and conditions under which the website operates. Different types of Puerto Rico Disclaimers on Website of Express and Implied Warranties: 1. General Disclaimer: This is the most common type of disclaimer where the website owner makes it clear that they provide the information, products, or services on an "as is" basis. This type of disclaimer aims to disclaim any implied warranties that may arise from the use of the website. 2. Disclaimer of Liability: This specific disclaimer focuses on limiting the website owner's liability for any direct or indirect damages that may occur as a result of using the website, its content, or the products or services offered. 3. Disclaimer of Warranty: This type of disclaimer explicitly states that the website owner does not provide any express warranties for the products or services offered. It emphasizes that the customer should rely on their own research and judgment when making purchasing decisions. 4. No Warranty of Accuracy: Some websites may include a specific disclaimer stating that they do not guarantee the accuracy, completeness, or timeliness of the information provided on their website. This is particularly important in cases where the website offers educational or informational content. It is important for users to read and understand the Puerto Rico Disclaimer on Express and Implied Warranties before engaging with a website. By doing so, users can make informed decisions, know their rights, and protect themselves from any potential misunderstandings or disputes. Always check the specific website's terms and conditions and consult legal advice if needed to ensure a clear understanding of your rights and responsibilities.
