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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.

Speak to an Experienced Product Warranty Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified product warranty lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local product warranty attorney to discuss your specific legal situation.

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