logo_fullcolour

How can a seller of goods disclaim implied warranties?

In some cases, selling a product “as is, with any and all faults” is sufficient to put a buyer on notice that it is being sold without warranties. However, some warranties require specific and conspicuous language in order to effectively disclaim them. For example, the Pennsylvania UCC provides that a disclaimer of the warranties of merchantability and fitness for a particular purpose must be in conspicuous writing and specifically mention the warranties to be disclaimed or modified. Some jurisdictions have special requirements regarding the font and typeface of the disclaimer in order for it to be considered conspicuous.