Disclaimer Or Modification Of Implied Warranties
The Act prohibits anyone who offers a written warranty from disclaiming or modifying implied warranties. This means that no matter how broad or narrow your written warranty is your customers always will receive the basic protection of the implied warranty of merchantability. However, there is one permissible modification of implied warranties. If you offer a limited written warranty, the law allows you to include a provision that restricts the duration of implied warranties to the duration of your limited warranty. For example, if you offer a twoyear limited warranty, you can limit implied warranties to two years. However, if you offer a full written warranty, you cannot limit the duration of implied warranties. If you sell a consumer product with a written warranty from the product manufacturer, but you do not warrant the product in writing, you can disclaim your implied warranties. (These are the implied warranties under which the seller, not the manufacturer, would otherwise be responsible.) But, regardless of whether you warrant the products you sell, as a seller, you must give your customers copies of any written warranties from product manufacturers.
Other UCC Filing FAQs
-
Q:
What Is The U.C.C.?
A: The U.C.C. stands for the Uniform Commercial Code. The laws concerning commercial and private transactions for the sale and leasing of goods developed out of the … More -
Q:
What Is Article 2 Of The U.C.C.?
A: Article 2 of the U.C.C. deals with transactions involving the sale of goods. Article two only covers the sale of goods. This is important to keep in mind. Goods … More -
Q:
Does Article 2 Treat Merchants The Same As Non-Merchants?
A: No. Article 2 distinguishes between merchants and nonmerchants. In most situations, the U.C.C. holds merchants to a higher standard. Under the U.C.C., a merchant … More -
Q:
Are There Fundamental Principles That Article 2 Always Applies?
A: Yes. Certain fundamental principles apply to the sale of all goods. Failure to adhere to the fundamental principles may take the transaction outside of the protection … More -
Q:
What Is An Express Warranty?
A: Any affirmation of fact or promise (or description of the goods) made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain … More -
Q:
What Is An Implied Warranty Of Merchantability?
A: In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary … More -
Q:
What Is The Implied Warranty Of Fitness For A Particular Purpose?
A: This is a warranty that is created when you seek and rely upon the expertise and advice of a sales associate in buying an item. To establish an implied warranty for a … More -
Q:
Disclaimer Or Limitation Of Implied Warranties
A: Sellers of consumer products who make service contracts on their products are prohibited under the Act from disclaiming or limiting implied warranties. (Remember also … More -
Q:
Do Used Cars Come With A Warranty?
A: In general, yes. State laws hold dealers responsible if cars they sell don`t meet reasonable quality standards. These obligations are called implied … More -
Q:
What Should I Do If The Product I Bought Has A Warranty, And Does Not Work?
A: You should first go back to the retailer and ask for an exchange of goods or for your money back. If the retailer refuses to do either, and there is no disclaimer of … More
Consumer Protection Sub-categories
|
Chex System
Consumer Contracts Consumer Law Franchises |
Fraud
Identity Theft Mail Fraud Telemarketing Fraud |
How To Prepare to Meet With Your Lawyer
