Warranty disclaimer

The 'as is' clause saying the product comes without unstated promises that it will be flawless, uninterrupted, or fit for every user's purpose.

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What it is

A warranty disclaimer says which promises the provider is not making beyond the express commitments in the contract. Software terms often say the service is provided 'as is' and 'as available' and disclaim implied warranties such as merchantability, fitness for a particular purpose, title, and non-infringement to the extent the law allows.

Reach for the clause in product terms and commercial agreements, placed next to the actual promises in an order form, service-level agreement, or support policy. Under UCC Section 2-316, language disclaiming the implied warranty of merchantability must mention merchantability and, when written, must be conspicuous. That conspicuousness rule is why one paragraph of an otherwise normal contract is shouted in block capitals.

Gotcha: a disclaimer is not a force field. Consumer law, express claims, fraud rules, and jurisdiction-specific protections can override or narrow it. Marketing that promises flawless results can also create the exact expectation the contract tries to deny, and a warranty disclaimer does not replace a separate limitation of liability.

Ask AI for it

Draft a warranty disclaimer for the product and customer type described below. Separate express warranties from disclaimed promises, use plain English followed by contract language, and address 'as is', 'as available', merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted operation, and third-party services, marking any category that does not fit as not applicable. Make the text conspicuous and test it against UCC Section 2-316. Add carveouts for warranties that cannot legally be excluded, identify conflicts with the service-level agreement and marketing claims, and keep the limitation of liability in a separate section. Mark jurisdiction and consumer-law questions as bracketed TODOs for counsel.

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