A disclaimer of warranty is a statement, either spoken or written, that limits a seller's responsibility for defects in the goods they sell. This disclaimer can be general or specific, but to be effective, it often needs to be clearly stated and easily noticeable. The concept is governed by the Uniform Commercial Code, which provides guidelines for commercial transactions in the United States.
This term is commonly used in commercial law, particularly in the sale of goods. It helps sellers protect themselves from liability related to product defects. Individuals and businesses can utilize legal templates, such as those offered by US Legal Forms, to create disclaimers that comply with the law. Understanding this term is essential for anyone involved in buying or selling goods, as it can significantly impact liability and consumer rights.
Here are a couple of examples of abatement:
Example 1: A furniture store includes a disclaimer of warranty on a receipt stating that the store is not responsible for any defects after the purchase. This protects the store from liability for issues that arise after the sale.
Example 2: A car dealership sells a used vehicle with a written disclaimer stating that the dealership does not guarantee the condition of the vehicle. This limits the dealership's liability for potential mechanical issues (hypothetical example).
The primary law governing disclaimers of warranty is the Uniform Commercial Code (UCC), particularly Article 2, which deals with the sale of goods. The UCC outlines the requirements for effective disclaimers and the rights of buyers and sellers.
| State | Key Differences |
|---|---|
| California | Requires disclaimers to be in writing and clearly stated. |
| New York | Allows oral disclaimers but they must be clear and not misleading. |
| Texas | Specific language is required for disclaimers to be enforceable. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Warranty | A promise about the quality or performance of a product. | Warranties provide guarantees, while disclaimers limit liability. |
| Guarantee | A formal assurance that certain conditions will be fulfilled. | Guarantees are typically more binding than disclaimers. |
If you are a seller, ensure that your disclaimer of warranty is clear and conspicuous. Consider using templates from US Legal Forms to create a legally compliant disclaimer. If you are a buyer, read any disclaimers carefully, as they can affect your rights. In complex situations, seeking legal advice may be beneficial.
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It is a statement that limits a seller's liability for defects in goods sold.