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 Dakota Disclaimer on Website of Express and Implied Warranties When it comes to operating a website, it is crucial to provide clear and comprehensive disclaimers on express and implied warranties. This applies to businesses in South Dakota as well, considering the legal implications of consumer protection laws. By including a disclaimer specific to South Dakota on your website, you can protect your business from potential legal disputes and ensure transparent communication with your customers. Types of South Dakota Disclaimer on Website of Express and Implied Warranties: 1. General Disclaimer: A general disclaimer sets the tone for the entire website, informing users that the information provided is for general purposes only and should not be relied upon as legal or professional advice. It is important to state that the information on the website may not be up-to-date or accurate, and users should consult with a professional for specific and current advice. 2. Express Warranty Disclaimer: This type of disclaimer specifically addresses any written or oral warranties that may be provided on the website. It clearly states that the business does not make any express warranties about the accuracy, reliability, or completeness of the information, products, or services offered on the website. 3. Implied Warranty Disclaimer: Implied warranties are legal guarantees that certain goods or services will meet specific standards. In South Dakota, a disclaimer must be included to clarify that the business does not provide any implied warranties, including but not limited to merchantability or fitness for a particular purpose. It should be explicitly stated that the business does not guarantee that the products or services offered will be free from defects or meet the customer's expectations. 4. Limitation of Liability: To protect your business further, it is essential to include a limitation of liability clause in the disclaimer. This clause limits the extent to which the business can be held responsible for any damages or losses suffered by users while accessing or using the website. It is crucial to consult with a legal professional to ensure that the limitations are within the bounds of South Dakota laws. 5. Scope and Severability: South Dakota Disclaimer on the Website of Express and Implied Warranties should include a clause that defines the scope and severability of the disclaimer. This clarifies that the disclaimer applies to the entire website and that if any part of the disclaimer is deemed invalid or unenforceable, the remaining portions of the disclaimer will continue to be in effect. In conclusion, it is vital for businesses in South Dakota to include a comprehensive disclaimer on their website, specifically addressing express and implied warranties. By doing so, businesses can protect themselves from potential legal disputes, provide transparency to their customers, and clearly outline the limitations and responsibilities associated with the use of their products or services.
