Disclaimer of Warranties

In one sentence

A statement that removes or limits the automatic guarantees a seller would otherwise provide.

Plain English

A disclaimer of warranties is when a seller explicitly says 'I'm not promising this will work' or 'you get it as-is.' Sellers can remove the implied warranties discussed above, but they have to do it clearly and in writing. For example, when you buy something at a liquidation sale marked 'as-is, no returns,' the seller is disclaiming warranties. However, the disclaimer must be obvious and specific—a seller can't hide it in tiny print or use vague language.

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Example

A used furniture store sells a couch with a sign saying 'all sales final, sold as-is, no warranties.' This disclaimer removes the implied warranty of merchantability, so the buyer can't return the couch if it's uncomfortable or has stains.

Used in a sentence

“A disclaimer of warranties must be clear and conspicuous to be enforceable.”

Related terms

Article 2

The section of the UCC that governs the sale of goods between merchants and non-merchants.

Merchant

A person or business that regularly buys and sells goods of a particular kind.

Goods

Tangible, movable items that can be bought, sold, or leased under the UCC.

Implied Warranty of Merchantability

An automatic guarantee that goods sold by a merchant are fit for their ordinary purpose.

Implied Warranty of Fitness for a Particular Purpose

A guarantee that goods will work for a specific purpose the buyer told the seller about.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.