Disclaiming Warranties

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Is a Warranty?

A warranty is a guarantee or assurance made by a seller or manufacturer regarding a product’s quality, performance, or characteristics. It promises that defects or malfunctions will be repaired, replaced, or compensated within a specified period. A warranty gives buyers peace of mind that their product will function as advertised.

Express Warranties

Express warranties are explicit guarantees provided by the seller or manufacturer concerning the performance or quality of a product. They can be made orally or in writing. For example, if a laptop manufacturer states that their laptop battery will last 10 hours on a full charge, this statement becomes an express warranty.

Implied Warranties

Unlike express warranties, implied warranties aren’t explicitly stated but are automatically implied by law. They ensure that the product will function as a standard consumer would expect. There are two primary types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular use.

Implied Warranty of Merchantability

The implied warranty of merchantability ensures that goods sold will be of average acceptable quality and essentially do what they’re supposed to do.

When you purchase a toaster, it comes with certain basic expectations rooted in its very purpose and the typical functions associated with such an appliance.

Here’s a breakdown of the expectations and potential violations of the implied warranty of merchantability:

  • Functionality: At the most basic level, when you buy a toaster, you expect it to toast bread. If you plug it in, insert bread, push down the lever, and nothing happens, the toaster doesn’t fulfill its basic function, thus breaching the implied warranty of merchantability.
  • Safety: You’d expect the toaster to operate safely without posing risks like electrical shocks, fires, or burns (outside the normal heating elements). If the toaster were to unexpectedly cause a fire due to a manufacturing defect when used properly, it would not meet the standard expectation of safety.
  • Consistency: Another expectation is that the toaster would provide consistent results. If one time it barely warms the bread and the next it burns it to a crisp under the same settings, it’s not reliably performing its function. This inconsistency could indicate a violation of the implied warranty of merchantability.
  • Durability: While no product lasts forever, there’s a reasonable expectation that a new toaster should not fall apart or become non-functional after just a few uses. If a critical component, like the lever or heating element, were to break or malfunction shortly after purchase under regular use, it might not meet the general durability expected of such a product.
  • Ease of Use: While this might vary based on design and features, generally, a toaster should be straightforward. If the design is so convoluted that an average person struggles to figure out how to toast their bread, it could be argued that it doesn’t meet the standard usability one expects from such an appliance.

In all these ways, the implied warranty of merchantability assures consumers that their purchase, in this case, a toaster, will perform its primary function and meet basic standards of safety, consistency, durability, and usability. The manufacturer or seller might be liable for breaching this warranty if it fails in these basic areas.

Implied Warranty of Fitness for a Particular Use

This warranty applies when a seller knows the specific purpose for which a consumer buys a product and ensures that the product fits that particular use. For instance, if a customer informs a seller they need shoes specifically for hiking, there’s an implied warranty that the shoes will be suitable for hiking.

What Does It Mean to “Disclaim” a Warranty?

To “disclaim” a warranty means that the seller or manufacturer attempts to exclude or limit the standard warranties that would apply to the product. This often comes in the form of a “warranty disclaimer.”

Example: Used Car Sale

John is in the market to buy a used car. He visits “Affordable Autos,” a local used car dealership. After browsing the lot, he’s drawn to a 10-year-old sedan. The car looks in decent shape, but given its age, there are natural concerns about its mechanical condition.

Before finalizing the purchase, the salesperson at Affordable Autos provides John with a sales contract. Within the contract, there’s a section titled “Warranty Disclaimer,” which reads:

“Warranty Disclaimer: The vehicle sold herein is sold ‘as is’ and the seller expressly disclaims all warranties, whether expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.”

By including this disclaimer in the contract, Affordable Autos is trying to ensure that John understands he’s buying the car without any guarantees regarding its quality or suitability for a particular use. Essentially, if the car breaks down as soon as John drives off the lot, Affordable Autos is attempting to shield itself from responsibility or liability related to any defects or issues with the vehicle.

In this case, the “warranty disclaimer” alerts the buyer that the standard warranties one might expect when purchasing a product (like the implied warranties of merchantability or fitness for a particular purpose) are being excluded or limited. John needs to recognize and understand this disclaimer, as it affects his rights and potential remedies should problems arise with the vehicle after purchase.

Is Disclaiming a Warranty the Same as Breaching a Warranty?

No. Disclaiming a warranty and breaching a warranty are two distinct concepts. A disclaimer is an attempt to limit or exclude warranties before a sale. In contrast, a breach of warranty occurs when a seller or manufacturer fails to uphold the promises or assurances made, whether express or implied.

How Can Warranties Be Disclaimed?

In many jurisdictions, sellers can disclaim warranties by making clear and conspicuous declarations, often in writing. The term “disclaims all warranties” is commonly used to exclude many standard warranties broadly. However, how warranties can be disclaimed is often governed by local laws and regulations, such as the Magnuson-Warranty Act in the U.S., which sets certain limitations.

Can Express Warranties Be Disclaimed?

Typically, express warranties cannot be easily disclaimed once made, especially if they are significant in the buyer’s purchase decision. However, the specific rules around this can vary by jurisdiction.

What Are Implied Warranties, and How Are They Disclaimed?

As discussed above, implied warranties are unspoken guarantees that come automatically with the sale of a product. To disclaim these, sellers often need to use specific language and ensure the disclaimer is conspicuous. For example, to disclaim the implied warranty of merchantability, one might use the phrase “sold as is.”

Do I Need a Lawyer?

Understanding warranties, whether express or implied and their implications can be complex. If you have questions about warranty disclaimers or believe you have a case involving a breach of warranty, it’s best to consult an experienced lawyer near you.

Consider seeking the advice of a liability lawyer. If you’re unsure where to start, LegalMatch can help you find the right attorney for your needs.


16 people have successfully posted their cases

Find a Lawyer