Can we delete implied warranties by an exclusion clause

Asked about 2 years ago - Usk, WA

as we know that when buy a product, there are a implied warranty fitness for use during a reasonable time. But in the contract, company said that "The undersigned agrees that all products are purchased and that there is no warranty other than that provided by the manufacturer and there the customer is not to consider there being any warranty, express or implied from the seller. If the manufacturer does not include a warranty then the items are without any warranty.". So can we delete implied warranties by an exclusion clause?

Attorney answers (2)

  1. Gary K. Marshall

    Pro

    Contributor Level 11
    Best Answer
    chosen by asker

    Answered . Limitations on warranties are disfavored in the law. That means that judges will look for ways not to enforce the limitation. It is usually possible to enforce limitations if they are plainly and clearly spelled out, were part of the bargain, and do not offend social norms. But each case is different. Limitations in commercial contracts are more likely to be enforced than limitations in contracts with consumers. There are also some laws that limit your ability to limit warranties. This is not an area where you should not be drafting clauses yourself.

  2. Rand L. Koler

    Contributor Level 11

    Answered . Anything you add will have more weight than printed language. It is often useful to add what you are told about the product. Rather than trying to exclude things from the waiver language, if you can just strike the waiver language and intitial it

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