I did a post around finals last semester, explain how I was losing my mind to law school. It's happening again. This morning I was in the shower, and I started to read the fine print on the back of my shampoo bottle:
Paul Mitchell Awapuhi Shampoo (no, I can't afford fancy shampoo. I got this as a Christmas present.) Guaranteed only when sold by a professional hairdresser, otherwise it may be counterfeit, black market, old or tampered with. NOT guaranteed when sold by a drugstore, supermarket or other unauthorized source.
There are two main ways to limit liability. Disclaimers/exclusions tell you what part of a product is not covered, or when it is not covered. Limiting remedies tell you that you only have a certain recourse. So the claim above is a disclaimer/exclusion because shampoo purchased from CVS would not be covered by any sort of warranty. There isn't a limited remedy, but if there was, it might look something like: If product does not work as advertised, mail the shampoo bottle, proof of purchase, and explanation of problem to XYZ address and you will receive a refund for the price of purchase.
These are the things that go through my mind when I'm taking a shower. I have unlimited hot water, and I'm thinking about contracts and exclusions.
Paul Mitchell Awapuhi Shampoo (no, I can't afford fancy shampoo. I got this as a Christmas present.) Guaranteed only when sold by a professional hairdresser, otherwise it may be counterfeit, black market, old or tampered with. NOT guaranteed when sold by a drugstore, supermarket or other unauthorized source.
There are two main ways to limit liability. Disclaimers/exclusions tell you what part of a product is not covered, or when it is not covered. Limiting remedies tell you that you only have a certain recourse. So the claim above is a disclaimer/exclusion because shampoo purchased from CVS would not be covered by any sort of warranty. There isn't a limited remedy, but if there was, it might look something like: If product does not work as advertised, mail the shampoo bottle, proof of purchase, and explanation of problem to XYZ address and you will receive a refund for the price of purchase.
These are the things that go through my mind when I'm taking a shower. I have unlimited hot water, and I'm thinking about contracts and exclusions.
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