Warranty Disclaimer Laws

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What is a Warranty Disclaimer?

A warranty disclaimer is a statement or written document that informs a buyer that the seller is not bound by any warranty guarantees or promises regarding the product. This can be issued after a warranty has already been released in order to retract the previous warranty, or it can be issued before a warranty gets included with the product.

Either way, the disclaimer serves to release the seller or producer from legal liability for product failures or defects. Of course, the product must still comply with federal and state standards regarding safety and product liability.

How Are Warranty Disclaimers Issued?

Warranty disclaimers can be issued as a written statement that is included with the product (either on the packaging or in a brochure or manual). This is the preferred method for disclaiming an express warranty (one that is specifically written with the product).

Alternatively, the seller can also make an oral statement at the time of the sale regarding the warranty rights, which would serve as a disclaimer. This is often an acceptable form of disclaimer for implied warranties (ones that are inferred from the product’s nature or from state laws).

Lastly, a disclaimer can also be issued as part of a contract agreement. For instance, a buyer may wish to purchase products in bulk from a wholesale supplier. As part of the sales contract, the parties may agree to sign a warranty disclaimer for the sale.

Can I Challenge a Warranty Disclaimer?

In some cases, a dispute can arise over a warranty disclaimer. For instance, a buyer may still be claiming that they’re entitled to a refund or exchange even after the seller issued a warranty disclaimer. In most cases, a written statement will hold much weight in a court of law.

This is why it’s often preferable that a warranty disclaimer be put in writing, so that there is a record of the parties’ agreement at the time of the transaction. Likewise, a disclaimer that is contained in a contract may be more difficult to challenge, since the parties agreed to the terms at the time of contract signing.

In cases where a warranty disclaimer can be disproved, it may lead to a damages award for the plaintiff, depending on the exact value of the transaction.

Do I Need a Lawyer for Help with Warranties and Disclaimers?

Warranty laws can often involve other laws and regulations, including contract laws, business laws, and products/services laws. You may wish to hire a lawyer if you have a legal dispute involving a warranty, especially for large transactions or for items that have a high value to them. Your attorney can provide you with legal advice and representation in the event that you need to file a lawsuit for your claim.

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Last Modified: 12-23-2013 03:15 PM PST

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