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Warranties and Disclaimers

Warranties guarantee minimum standards or performance in products or services. They may be express (as in a manufacturer’s certificate of warranty that is attached to a consumer product), or implied (as in the common law implied warranty of merchantability). Manufacturers’ warranties are controlled by federal and state laws, including the Uniform Commercial Code (UCC) Warranties are essentially statements of declared limits to liability, e.g., “Five years or 50,000 miles” for some new vehicles.

A disclaimer is a limitation of liability otherwise attaching to an actual or implied warranty. It works as a substitute for what is otherwise warranted, other than that which is expressly warranted by the drafter of the disclaimer. Disclaimers of all warranties is common in items or goods sold on an “as is” basis.

Inside Warranties and Disclaimers