Under the Uniform Commercial Code, merchantability disclaimers must mention merchantability and be conspicuous if written, while fitness disclaimers must be written and conspicuous. As-is language disclaims both.
Consumer transactions face additional restrictions.
Alternative Names:
Disclaimer of Warranties, Warranty Exclusion
Why it Matters?
Conspicuousness is the requirement that fails most often, since a disclaimer in the same typeface as surrounding terms is not conspicuous regardless of its placement. Courts examine capitalization, contrasting type, and separate headings. Magnuson-Moss also restricts disclaiming implied warranties in consumer transactions where a written warranty is provided, which many sellers overlook when offering limited warranties.
Frequently Confused with
Related terms
Frequently asked questions
What requirement fails most often?
What does Magnuson-Moss restrict?
