Disclaimers of Warranties (Section 316 of the Uniform Commercial Code).<\/p>\n
Express Warranty<\/span><\/strong><\/p>\n Express warranties are inoperative if the disclaimer cannot be construed as “consistent” with terms in the contract that would create the express warranty. You should the parol evidence to bar any express warranties that were created outside the document:<\/p>\n Implied warranty of merchantability<\/strong><\/span><\/p>\n Can also be disclaimed; however, the disclaimer\u00a0 has to mention merchantability. Furthermore, if it is in writing, the disclaimer has to be conspicuous (the disclaimer can be oral). In order to disclaim the implied warranty of mechantability, the disclaimer:<\/p>\n Implied warranty of fitness for a particular purpose<\/strong><\/span><\/p>\n Can also be disclaimed; but, the disclaimer must<\/strong> be in writing and must be conspicuous. The written disclaimer does not have to mention fitness. This implied warranty does not require a conspicuousness requirement, but most courts agree that one should be implied to carry out the section’s purpose of avoiding surprise to buyers.<\/p>\n Finally, it is important to note that an “As is” magically disclaims all<\/em> warranties.<\/p>\n","protected":false},"excerpt":{"rendered":" Disclaimers of Warranties (Section 316 of the Uniform Commercial Code). Express Warranty Express warranties are inoperative if the disclaimer cannot be construed as “consistent” with terms in the contract that would create the express warranty. You should the parol evidence to bar any express warranties that were created outside the document: If it is an … <\/p>\n\n
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