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Implied Warranty of MerchantabilityĬonsumers have warranty rights when they purchase an item.
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Custom-made products and other handmade items are commonly accompanied by written contracts. A disclaimer would only be valid if the consumer had signed a written contract with the manufacturer that had contained a disclaimer clause. In the case where a consumer buys an item from a store, the product liability disclaimer does not legally protect the manufacturer of the product from liability because general disclaimers are not usually considered valid unless part of a written contract.
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If the court finds that the consumer assumed the risk, the company is no longer liable for injuries. However, since it does warn the consumer of misuse, a company can argue that the consumer saw the warning and continued to improperly use the product.
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These specific disclaimers are given a little more consideration in court, even though it won't fundamentally change the case since it's merely a restatement of the law. Occasionally, companies choose to use a specific disclaimer that restates the law that a consumer cannot use a product unreasonably and then expect the company to be liable. A written disclaimer given in store from a manufacturer does not waive the manufacturer's responsibility because the consumer was not given the opportunity to bargain for the loss of their warranty rights.Įven though companies are not able to shrug off liability through a general disclaimer, sellers can say that a product must be bought "as-is," meaning that the buyer has a chance to examine the product in the store and then decide if they want to purchase it. As long as a product is used reasonably, the law guarantees safety for the consumer. If these disclaimers enabled companies to avoid liability that easily, there would be little reason for them to provide safe products. To deter consumers from pursuing a lawsuit, companies tend to include a general disclaimer that attempts to waive any manufacturer responsibility for the product.
Warranty disclaimer illinois template how to#
How to Display a Product DisclaimerĪ warranty disclaimer sample is a statement on a product that says a company or manufacturer will not be held liable for any injuries or damages that result from the use of the product.