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How to Regulate Initials Warranty

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WAY. (redirected from warranty) Also found in: Dictionary, Thesaurus, Legal, Financial, Encyclopedia, Wikipedia. Related to warranty: Warranty deed, Express warranty. Acronym.
An express warranty must be expressly disclaimed. ... Finally, a seller may disclaim all implied warranties by stating that the good is being sold “as is,” “with all faults,” or by stating some other phrase that makes it plain to the buyer there are no implied warranties.
To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: (1) expressly identifies merchantability or (2) includes an expression stating that the goods are sold as is or with all faults.
The UCC allows sellers to disclaim the implied warranty of merchantability, provided the disclaimer is made conspicuously and the disclaimer explicitly uses the term “merchantability” in the disclaimer. Some states, however, have implemented the UCC such that this can not be disclaimed.
specifically allows sellers to disclaim both express and implied warranties on goods they sell, within certain limits. ... Generally, a seller who wants to disclaim U.C.C. warranties must do so specifically. A general statement that there are “no warranties, express or implied” is usually ineffective.
An implied warranty of merchantability is an unwritten and unspoken guarantee to the buyer that goods purchased conform to ordinary standards of care and that they are of the same average grade, quality, and value as similar goods sold under similar circumstances.
Disclaimers are typically accomplished through conspicuous language regarding merchantability or “as is” language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.
The implied warranty of title comes in every sale unless effectively disclaimed. It guarantees that the seller has the legal right to transfer the goods, and they will be delivered free from liens or encumbrances that the buyer did not know about at the time of contracting.
Disclaimers are typically accomplished through conspicuous language regarding merchantability or “as is” language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.
An express warranty can be disclaimed quite easily by statements in brochures, models, and samples stating that no warranty is created by those terms. Also, salesmen must be careful not to make any verbal promises without such a condition.
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