What You See Is What You Get

Warranty Disclaimers

In our previous blog, we talked about express and implied warranties.  If you sell a product or service, you should strongly consider disclaiming these warranties as a means of protecting your business from unnecessary risk. Here you’ll find some information on language you should include in your contracts.

Since an express warranty by definition is something that the buyer based his or her purchasing decision on, it’s hard to relieve yourself of that promise as it was at the core of the business deal.  However, the law does recognize an express warranty disclaimer under certain circumstances.

  • In the purchase agreement, the buyer acknowledges that there were no express warranties

  • The purchase agreement indicates that the seller made no promises other than those which were included in the purchase agreement

  • Detailed warranty provisions are included in the purchase agreement

  • Warranty language and warranty disclaimers aren’t buried in the contract or hidden by small print

Implied warranty disclaimers require a bit more before they can protect you from liability.

A disclaimer of the Implied Warranty of Merchantability must explicitly state that the ‘merchantability’ warranty is being disclaimed.

  • A waiver of the Implied Warranty of Merchantability must include language such as ‘As Is’ or ‘With All Faults’

  • Any attempt to waive the Implied Warranty of Fitness for a Particular Purpose must be in writing

  • Waivers need to be conspicuous

If I were selling a product (remember implied warranties only apply to products), this is the language I would include in every purchase agreement. Even if you’re a mom and pop store or you’re selling items at the flea market, include this language on the receipt. Notice the bold font and all caps.

THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE GOODS PROVIDED ON THE FACE OF THIS CONTRACT. SELLER DISCLAIMS ANY WARRANTY OF ANY OTHER KIND, INCLUDING ANY WARRANTY THAT THE GOODS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

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