Label Review Training: Module 3: Special Issues, Page 33

7: What other label areas require special attention?

Learning Activity

What should be added to or deleted from the warranty statement below? Read the statement, then click “Answer” to reveal the correct response.

WARRANTY AND DISCLAIMER NOTICE
The directions for use of this product are believed to be adequate and should be followed carefully, it is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness, or other unintended consequences may result due to such factors as weather conditions, presence or absence of other materials, or the manner of use or application, all of which are beyond the control of XXX, the manufacturer, or the seller. The products sold to you are furnished “as is” by XXX. The manufacturer and the seller are subject only to the manufacturer's warranties, if any, which appear on the label of the product sold to you. Except as expressly provided herein, XXX, the manufacturer, or the seller makes no warranties, guarantees, or representations of any kind to the buyer or the user, either express or implied, or by usage of trade, statutory or otherwise, with regard to the product sold or use of the product, including, but not limited to, merchantability, fitness for a particular purpose or use, or eligibility of the product for any particular trade usage. Except as expressly stated herein, XXX., the manufacturer, or the seller makes no warranty of results to be obtained by use of the product. Buyer's or user's exclusive remedy, and XXX, the manufacturer's or the seller's total liability shall be limited to damages not exceeding the cost of the product. No agent or employee of XXX, or the seller is authorized to amend the terms of this warranty disclaimer or the product's label or to make a presentation or recommendation different from or inconsistent with the label of this product. XXX, the manufacturer, or the seller shall not be liable for consequential, special, or indirect damages resulting from the use, handling, application, storage, or disposal of this product or for damages in the nature of penalties, and the buyer and the user waive any right that they may have to such damages.

WARRANTY AND DISCLAIMER NOTICE

The directions for use of this product are believed to be adequate and should be followed carefully, it is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness, or other unintended consequences may result due to such factors as weather conditions, presence or absence of other materials, or the manner of use or application, all of which are beyond the control of XXX, the manufacturer, or the seller.

The products sold to you are furnished “as is” by XXX. The manufacturer and the seller are subject only to the manufacturer's warranties, if any, which appear on the label of the product sold to you. Except as expressly provided herein, XXX, the manufacturer, or the seller makes no warranties, guarantees, or representations of any kind to the buyer or the user, either express or implied, or by usage of trade, statutory or otherwise, with regard to the product sold or use of the product, including, but not limited to, merchantability, fitness for a particular purpose or use, or eligibility of the product for any particular trade usage. Except as expressly stated herein, XXX., the manufacturer, or the seller makes no warranty of results to be obtained by use of the product. Buyer's or user's exclusive remedy, and XXX, the manufacturer's or the seller's total liability shall be limited to damages not exceeding the cost of the product. No agent or employee of XXX, or the seller is authorized to amend the terms of this warranty disclaimer or the product's label or to make a presentation or recommendation different from or inconsistent with the label of this product.

XXX, the manufacturer, or the seller shall not be liable for consequential, special, or indirect damages resulting from the use, handling, application, storage, or disposal of this product or for damages in the nature of penalties, and the buyer and the user waive any right that they may have to such damages.

Answer

WARRANTY AND DISCLAIMER NOTICE
The directions for use of this product are believed to be adequate and ~~should~~ must be followed carefully, it is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness, or other unintended consequences may result due to such factors as weather conditions, presence or absence of other materials, or the manner of use or application, all of which are beyond the control of XXX, the manufacturer, or the seller. To the extent consistent with applicable law, the products sold to you are furnished “as is” by XXX. The manufacturer and the seller are subject only to the manufacturer's warranties, if any, which appear on the label of the product sold to you. Except as warranted by this label ~~expressly provided herein~~, XXX, the manufacturer, or the seller makes no warranties, guarantees, or representations of any kind to the buyer or the user, either express or implied, or by usage of trade, statutory or otherwise, with regard to the product sold or use of the product, including, but not limited to, merchantability, fitness for a particular purpose or use, or eligibility of the product for any particular trade usage. ~~Except as expressly stated herein, XXX., the manufacturer, or the seller makes no warranty of results to be obtained by use of the product.~~ To the extent consistent with applicable law, Buyer's or user's exclusive remedy, and XXX, the manufacturer's or the seller's total liability shall be limited to damages not exceeding the cost of the product. No agent or employee of XXX, or the seller is authorized to amend the terms of this warranty disclaimer or the product's label or to make a presentation or recommendation different from or inconsistent with the label of this product. To the extent consistent with applicable law, XXX, the manufacturer, or the seller shall not be liable for consequential, special, or indirect damages resulting from the use, handling, application, storage, or disposal of this product or for damages in the nature of penalties, and the buyer and the user waive any right that they may have to such damages.

WARRANTY AND DISCLAIMER NOTICE

The directions for use of this product are believed to be adequate and ~~should~~ must be followed carefully, it is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness, or other unintended consequences may result due to such factors as weather conditions, presence or absence of other materials, or the manner of use or application, all of which are beyond the control of XXX, the manufacturer, or the seller.

To the extent consistent with applicable law, the products sold to you are furnished “as is” by XXX. The manufacturer and the seller are subject only to the manufacturer's warranties, if any, which appear on the label of the product sold to you. Except as warranted by this label ~~expressly provided herein~~, XXX, the manufacturer, or the seller makes no warranties, guarantees, or representations of any kind to the buyer or the user, either express or implied, or by usage of trade, statutory or otherwise, with regard to the product sold or use of the product, including, but not limited to, merchantability, fitness for a particular purpose or use, or eligibility of the product for any particular trade usage. ~~Except as expressly stated herein, XXX., the manufacturer, or the seller makes no warranty of results to be obtained by use of the product.~~ To the extent consistent with applicable law, Buyer's or user's exclusive remedy, and XXX, the manufacturer's or the seller's total liability shall be limited to damages not exceeding the cost of the product. No agent or employee of XXX, or the seller is authorized to amend the terms of this warranty disclaimer or the product's label or to make a presentation or recommendation different from or inconsistent with the label of this product.

To the extent consistent with applicable law, XXX, the manufacturer, or the seller shall not be liable for consequential, special, or indirect damages resulting from the use, handling, application, storage, or disposal of this product or for damages in the nature of penalties, and the buyer and the user waive any right that they may have to such damages.

Reasons for corrections

The phrase “should follow directions” could lead users to incorrectly assume that the directions for use are only suggestions and not enforceable restrictions on how the product may be used; therefore, all statements relating to using the product in accordance with its labeling are required to be mandatory (i.e., “must”). The phrase “to the extent consistent with applicable law” has been added to the disclaimers of liability and damages to prevent the statements from being false or misleading. Some states or localities may not allow certain disclaimers of liability or damages; therefore, the user may have a remedy under other laws governing warranties.

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