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: Understanding Wisconsin Disclaimer on Website of Express and Implied Warranties Introduction: In Wisconsin, express and implied warranties play a critical role in consumer transactions. As businesses interact with customers online, it becomes essential to establish clear disclaimers regarding these types of warranties. In this article, we will delve into the details of Wisconsin Disclaimer on Website of Express and Implied Warranties, exploring different types of disclaimers and their significance. 1. Express and Implied Warranties in Wisconsin: Express warranties are explicitly stated promises made by sellers concerning the quality, condition, or performance of goods. In contrast, implied warranties are automatically imposed by law and assure that the products sold are fit for their intended purpose. To maintain transparency and protect their interests, businesses in Wisconsin need to address these warranties through disclaimers on their websites. 2. Importance of Disclaimers: A disclaimer on a website acts as a legal notice informing customers that certain warranties may not apply to their purchase. It sets the expectations and reduces the potential for disputes or claims based on warranties that are not provided. By explicitly mentioning the presence or absence of warranties, businesses can minimize liability risks, especially when selling online. 3. Types of Wisconsin Disclaimers on Website of Express and Implied Warranties: a) Full Warranty Disclaimer: This type of disclaimer states that the product or service offered comes with no warranties, whether express or implied. It relieves businesses from any obligations or responsibilities regarding defects, performance, or fitness for a specific purpose. b) Limited Warranty Disclaimer: A limited warranty disclaimer specifies certain conditions or limitations for express warranties provided by a company. It may exclude certain situations or set boundaries on the scope and duration of the warranty, thereby mitigating potential liabilities. c) Implied Warranty Disclaimer: This disclaimer aims to disclaim or limit the implied warranties such as fitness for a particular purpose or merchantability. It notifies customers that the business is not responsible for these types of warranties, narrowing down the possible grounds for claims. d) Extended Warranty Disclaimer: If businesses offer extended warranties as additional services or products, a separate disclaimer addressing the terms and conditions of these warranties may be necessary. It safeguards against misunderstandings and clarifies the boundaries of the extended warranties, keeping both parties informed. 4. Compliance with Wisconsin Law: When drafting a disclaimer, it is crucial to ensure compliance with Wisconsin laws, including the Wisconsin Uniform Commercial Code (UCC). It is advisable to consult legal professionals well-versed in Wisconsin's consumer protection statutes to ensure the disclaimer meets all necessary legal requirements. Conclusion: Wisconsin Disclaimer on Website of Express and Implied Warranties serves as a protective shield for businesses operating online. By incorporating specific disclaimers, businesses can communicate their warranty limitations clearly, manage expectations, and reduce the risk of legal disputes. Whether by disclaiming specific warranties or entirely excluding them, website disclaimers are an important tool for businesses in Wisconsin to navigate the complex realm of express and implied warranties.
