The Kentucky Disclaimer of Implied Warranties is a legal concept that protects sellers from certain liabilities and obligations related to the quality and condition of goods being sold in the state of Kentucky. This disclaimer helps define and limit the warranties given by sellers to buyers, ensuring both parties have a clear understanding of their rights and responsibilities. In Kentucky, there are two main types of disclaimers of implied warranties: the disclaimer of the implied warranty of merchantability and the disclaimer of the implied warranty of fitness for a particular purpose. 1. Implied Warranty of Merchantability: This warranty implies that the goods being sold are suitable for their ordinary purpose and are of an acceptable quality. However, sellers in Kentucky have the option to disclaim this warranty explicitly. By doing so, sellers are not guaranteeing the merchantability of the goods, meaning that if the goods prove to be defective or fail to meet standards, the seller cannot be held responsible. 2. Implied Warranty of Fitness for a Particular Purpose: This warranty applies when a seller knows or has reason to know that the buyer is relying on their expertise or recommendation for a specific use of the goods. Without disclaiming this warranty, the seller would be responsible for ensuring that the goods are fit for the buyer's intended purpose. However, in Kentucky, sellers can disclaim this warranty to limit their liability in case the goods fail to meet the buyer's particular purpose. It's important to note that disclaimers of implied warranties in Kentucky must be conspicuous and clearly communicated to the buyer before the purchase is made. This can be done through written agreements, contracts, or prominently displayed signage in commercial settings. By implementing the Kentucky Disclaimer of Implied Warranties, sellers in the state can protect themselves from potential legal disputes and claims arising from the condition or suitability of the goods sold. However, it is advisable for buyers to thoroughly inspect the goods and request explicit warranties to protect their interests before making any purchases.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.