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.
Washington Disclaimer on Website of Express and Implied Warranties — Types and Detailed Description When operating a business in Washington, it is crucial to understand the legal requirements regarding disclaimers on your website, particularly when it comes to express and implied warranties. A well-crafted disclaimer can protect your business from potential liability issues and ensure that customers are aware of the limitations and responsibilities associated with your products or services. In this article, we will delve into the different types of Washington Disclaimers on the website of express and implied warranties to provide you with a comprehensive understanding. 1. Express Warranty Disclaimer: An express warranty is a specific guarantee made by a seller or manufacturer to the buyer regarding the quality, performance, or certain attributes of a product or service. However, businesses in Washington have the option to disclaim or limit express warranties on their websites. The purpose of an express warranty disclaimer is to clarify that the information provided on the website is for general informational purposes only and should not be considered as a guarantee or warranty. For instance, a website selling electronic devices may include a disclaimer stating that all specifications and descriptions mentioned on the website are subject to change without notice and should not be taken as a binding agreement. 2. Implied Warranty Disclaimer: Implied warranties are unwritten guarantees imposed by law, which may arise from the nature of the product or the circumstances of the sale. In Washington, businesses are allowed to disclaim or limit implied warranties, but certain conditions must be met. The disclaimer should be prominently displayed on the website to ensure it is readily visible to customers. a. Implied Warranty of Merchantability: This type of warranty guarantees that the product being sold is fit for its intended purpose and is of at least average quality. A website disclaimer in Washington can explicitly exclude the implied warranty of merchantability, thereby informing customers that the business does not offer any such guarantee. b. Implied Warranty of Fitness for a Particular Purpose: This warranty assures that a product or service will serve a specific purpose as communicated by the buyer, typically relying on the seller's expertise or recommendation. Businesses can disclaim this warranty on their websites, stating that customers should conduct their own research or consult professionals before relying on any specific purpose claims made on the site. 3. General Disclaimer: Apart from the specific disclaimers mentioned above, it is also advisable to include a general disclaimer on your website to protect your business from any misunderstanding or misinterpretation of the information provided. The general disclaimer should state that the website content is for informational purposes only, and the business does not accept liability for any errors, omissions, or inaccuracies that may occur. In summary, Washington Disclaimers on website of express and implied warranties are essential to protect your business from potential legal disputes. By including these disclaimers, businesses can set clear expectations with customers and minimize their liabilities. However, it is crucial to consult with a legal professional to ensure compliance with the specific laws and regulations in Washington.
