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.
Rhode Island Disclaimer on Website of Express and Implied Warranties: A Detailed Description When operating a website in Rhode Island, it is crucial to understand and implement appropriate disclaimers for both express and implied warranties to protect your business interests. These disclaimers allow you to limit your liability and clarify the expectations users should have when engaging with your products or services. Express warranties refer to specific statements or promises made by the seller regarding the quality, functionality, or other characteristics of a product or service. For Rhode Island businesses, it is advisable to have an express warranty disclaimer that explicitly states that the information provided on the website is for general informational purposes only and does not constitute any express warranty. This ensures that your business is not held responsible for any inaccuracies, omissions, or changes in the information provided. Keywords: Rhode Island, express warranties, express warranty disclaimer. Implied warranties, on the other hand, are not explicitly stated but are implied by law. In Rhode Island, two types of implied warranties are particularly relevant: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability guarantees that a product is reasonably fit for the general purpose it is intended to serve. To disclaim this warranty on your website, a specific statement should be included, clarifying that your business makes no warranties, express or implied, regarding the merchantability of the products or services offered. Keywords: Rhode Island, implied warranties, implied warranty of merchantability, merchantability disclaimer. The implied warranty of fitness for a particular purpose, on the other hand, guarantees that a product will meet the buyer's specific requirements. To disclaim this warranty, it is crucial to include a clear statement on your website specifying that your business does not warrant that the products or services offered will meet the buyer's individual needs or expectations. Keywords: Rhode Island, implied warranties, implied warranty of fitness for a particular purpose, fitness disclaimer. It is important to note that disclaimers must be written clearly and prominently on your website to be effective. Including a separate webpage dedicated to all disclaimers and linking it prominently in the website's navigation can help ensure visibility and accessibility. Furthermore, legal advice may be necessary to accurately tailor Rhode Island disclaimers to your specific business circumstances. Laws and regulations can vary, and professional guidance will ensure compliance with all relevant statutes. Keywords: Rhode Island, legal advice, compliance, professional guidance. In conclusion, implementing appropriate Rhode Island disclaimers on your website for both express and implied warranties is imperative to protect your business interests and limit liability. Express warranty disclaimers should clarify that the information provided is for general informational purposes only, while implied warranty disclaimers should address the lack of merchantability and fitness for a particular purpose. Seeking legal advice is advised to ensure compliance with Rhode Island laws and regulations. Keywords: Rhode Island, disclaimers, liability, compliance, legal advice.
