Warranties: Disclaimers

Question 1

Express Warranty Disclaimers

Answer 1

General Rule:
* Law allows merchants to modify (narrow as to time or as to what is covered by the warranty) or eliminate a warranty.

• There must be consistency with the contract terms.

Question 2

Implied Warranty of Merchantability Disclaimers

Answer 2

• Law allows either to eliminate or modify
• Must be oral or written
• If make a written statement, must be conspicuous (ought to have noticed it)
• If going to disclaim, must use the word “merchantability” – synonyms will not work

Question 3

Implied Warranty of Fitness for a Particular Purpose Disclaimers

Answer 3

• Law allows either to eliminate or modify
• Must be in writing (oral will not be good enough)
• Must be conspicuous