Product liability disclaimers

With regard to product liability actions brought under the principles of warranty, a defendant may assert a defense based on a disclaimer from a warranty associated with the purchase or use of the product in question. For example, in the United States under UCC Section 2-316(2), a seller of a product may make a written disclaimer of the warranty of merchantability if it is conspicuous. However, it should also be noted that the Magnu-son-Moss Federal Trade Commission Improvement Act of 1974, 15 USC Section 2301, et seq., provides that, if a written warranty is given to a consumer, there cannot be any disclaimer of any implied warranty. 

Generally, lawsuits involving product liability will increase, with manufacturers more vulnerable in cases of negligence in design or lack of reasonable foresight. Warranty disclaimers (the fine print carefully added at the end of properly constructed technical bulletins) and privity of... 

The so-called line of product theory has been adopted by the California Supreme Court in Ray v. Alad Corp., which holds that where the successor corporation acquires all or substantially all of the assets of the predecessor corporation for cash and continues essentially the same manufacturing operation as the predecessor corporation, the successor remains liable for product liability claims of its predecessor corporation. The theory has been applied even though the successor corporation expressly disclaims liability during the purchase transaction. 

Therefore, the author and publisher disclaim any liability from any damages or injuries of any type that a reader or user of information contained within this manual may encounter from the use of said information. Use this manual and any end-product or by-product at your own risk. This manual is for information purposes only. 

DISCLAIMER THE INFORMATION CONTAINED IN THIS MSDS IS OBTAINED FROM CURRENT AND RELIABLE SOURCES. HOWEVER, THE DATA IS PROVIDED WITHOUT WARRANTY, EXPRESSED OR IMPLIED, REGARDING ITS CORRECTNESS OR ACCURACY. IT IS THE USER S RESPONSIBILITY TO DETERMINE SAFE CONDITIONS FOR USE AND TO ASSUME LIABILITY FOR LOSS, INJURY, DAMAGE OR EXPENSE RESULTING FROM IMPROPER USE OF THIS PRODUCT. 

The information contained in the Material Data Sheets has been compiled from data considered accurate. However, properties are known to vary depending on the source of raw materials, climatic and other variables applicable to materials of botanical origin. [Company Name] expressly disclaim any warranty expressed or implied as well as any liability for any injury or loss arising from the use of this information or the materials described. This data is not to be construed as absolutely complete since additional data may be desirable when particular conditions or circumstances exist. It is the responsibility of the user to determine the best precautions necessary for the safe handling and use of this product for their particular application. This data relates only to the specific material designated and not when used in combination with any other material. 

While this information is presented in good faith and believed to be accurate, Monsanto Company does not guarantee satisfactory results from reliance upon such information and disclaims all liability for any loss or damage arising out of its use and makes no express or implied representation or warranty as to the fitness, merchantability or any other matter with respect to the products or processes referred to herein. Nothing contained herein is to be construed as a recommendation to use any product in process in conflict with any patent. 

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