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Sadly, the warranty disclaimer may not be valid in the US as a disclaimer of warranties. To be effective as a disclaimer of the implied warranty of merchantabi
by DannyBee 12y ago
Sadly, the warranty disclaimer may not be valid in the US as a disclaimer of warranties.
To be effective as a disclaimer of the implied warranty of merchantability, it must mention merchantability.
This is explicit UCC law in all 50 states (warranty of fitness can be disclaimed without explicit reference to it).
The only way around tht is the next section, which states "Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty;"
This is why why licenses use the term "as-is", to avoid arguments about whether it falls into the "makes plain" part.
Only a few courts have really considered the issue on something that is a close call, because, as one contracts book i have put it: "Given the UCC has explicitly approved language to disclaim implied warranties, it would be folly to use anything else"
However, the cases i can find are split as to whether wording like this would be plain enough language (among other things, using the term "offer" in that sentence is a really bad idea, as it can arguably be read to say that he does not sell warranties, instead of saying that there are no warranties)