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.
Title: Vermont Disclaimer on Website of Express and Implied Warranties: Understanding your Rights and Limitations Introduction: When operating a website that provides products or services in Vermont, it is crucial to understand the implications of both express and implied warranties. To protect your business and inform your customers, a Vermont Disclaimer on your website can effectively outline the rights and limitations associated with such warranties. This article explores the importance of a comprehensive disclaimer and discusses different types of Vermont disclaimers related to express and implied warranties. 1. Express Warranties: Express warranties refer to specific guarantees made by a business to their customers regarding the quality, functionality, or performance of a product or service. In Vermont, express warranties may be provided verbally, in writing, or even through a website. An express warranty disclaimer will clarify the conditions under which these warranties are applicable, helping to manage customer expectations and reduce potential liabilities. 2. Implied Warranties: Unlike express warranties, implied warranties are not explicitly stated or written, but are automatically imposed by Vermont laws to guarantee certain aspects of a product or service. Two types of implied warranties commonly recognized in Vermont are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. An implied warranty disclaimer can outline exceptions or exclusions to these implied warranties, shielding your business from unexpected claims arising from their breach. 3. General Disclaimer: A general disclaimer, known also as a "catch-all" or "all-encompassing" disclaimer, may cover various aspects of express and implied warranties on your website. It alerts customers that certain features, claims, or guarantees mentioned in your marketing materials, product descriptions, or terms of service might not apply in specific circumstances. This type of disclaimer helps you manage customer expectations and educate them about potential limitations, thus minimizing misunderstandings and potential litigation risks. 4. Limited Warranty Disclaimer: A limited warranty disclaimer, on the other hand, is a more specific type of disclaimer that restricts the scope or duration of a warranty. It defines the terms and conditions for claiming warranty services and communicates the boundaries of responsibility your business assumes. By explicitly stating the limitations, exclusions, or duration of warranties, you can avoid potential disputes while still providing customer satisfaction. Conclusion: In Vermont, having a well-crafted Disclaimer on your website regarding express and implied warranties is crucial to protect your business and ensure transparency with your customers. Whether it's to clarify express warranties, address implied warranties, or provide an all-embracing disclaimer, your website's disclaimer should be clearly written, prominently displayed, and easily accessible to help mitigate potential risks and foster trust between your business and your customers.
