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.
South Carolina Disclaimer on Website of Express and Implied Warranties: A Comprehensive Guide When operating a website that offers products or services, it is crucial to understand the legalities surrounding warranties and your responsibilities as a business owner. In South Carolina, specifically, there are specific guidelines and disclaimers for express and implied warranties that must be followed. This article provides a detailed description of what South Carolina Disclaimer on Website of Express and Implied Warranties entails, including various types of disclaimers commonly used in the state. Express Warranties: Express warranties are explicit promises made by sellers or manufacturers regarding the quality, performance, or fitness of a product or service. In South Carolina, a disclaimer on express warranties can be included on a website to limit liability and protect the business. The following are types of disclaimers that can be used: 1. Full Warranty Disclaimer: This type of disclaimer explicitly states that the business does not offer any express warranties on its products or services. It ensures customers are aware that they are purchasing items or services without any specific guarantees. 2. Limited Warranty Disclaimer: In this case, the business provides some limited form of warranty but disclaims liability for certain aspects. It outlines the scope, limitations, and duration of any warranties offered, ensuring customers understand the extent of their coverage. Implied Warranties: Implied warranties are inherent guarantees that the law automatically assigns to products or services sold, even if not explicitly mentioned by the seller. In South Carolina, the following types of disclaimers can be used to limit liability regarding implied warranties: 1. Implied Warranty of Merchantability Disclaimer: This disclaimer reinforces that the product or service being sold is fit for its intended purpose. By including this disclaimer, the business ensures it is not liable for any implied warranties of merchantability, explicitly stating that defects or issues may occur. 2. Implied Warranty of Fitness for a Particular Purpose Disclaimer: If a customer relies on the seller's advice or expertise to purchase a product for a specific purpose, this disclaimer is relevant. It asserts that the seller does not warrant the suitability of the product for such purpose, securing the business from potential liability. 3. "As-Is" Disclaimer: This disclaimer explicitly states that the product or service is sold "as-is" without any warranties, including implied warranties. It notifies customers that they are accepting the product's conditions with no guarantees or promises from the seller. In conclusion, when establishing a website in South Carolina, it is vital to include the appropriate disclaimers to protect your business from potential liability arising from express and implied warranties. The disclaimers mentioned above, such as full warranty, limited warranty, implied warranty of merchantability, implied warranty of fitness for a particular purpose, and "as-is" disclaimers, provide businesses with legal protection while ensuring transparency with customers. With a well-crafted South Carolina Disclaimer on Website of Express and Implied Warranties, you can confidently provide your products or services without undue legal risk.
