The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.
A warranty clause is a contractual provision that outlines the terms and conditions of warranty coverage provided by a seller to a buyer. In Arkansas, warranty clauses are governed by state law and can vary depending on the type of product or service being offered. There are several types of warranty clauses commonly found in Arkansas: 1. Express Warranty: An express warranty is a specific promise made by the seller regarding the quality or performance of a product. It can be in written or oral form. For example, a car dealer may provide an express warranty stating that the vehicle is free from defects for a certain period. 2. Implied Warranty of Merchantability: This warranty is automatically assumed by Arkansas law when a seller is engaged in the business of selling a particular product. It guarantees that the product is fit for its intended purpose and is of a reasonably acceptable quality. For instance, when purchasing a new appliance, the buyer automatically receives an implied warranty of merchantability. 3. Implied Warranty of Fitness for a Particular Purpose: This warranty arises when a buyer relies on the seller's expertise or advice to select a product suitable for a specific purpose. The seller implicitly guarantees that the product will serve the intended purpose. For example, if a customer asks a salesperson for a treadmill suitable for high-intensity workouts and the salesperson recommends a specific model, an implied warranty of fitness for a particular purpose is created. 4. Warranty Disclaimers: Arkansas law allows sellers to disclaim or limit certain warranties through a disclaimer clause. However, disclaimers must be clear, conspicuous, and specific to be enforceable. Buyers should carefully read and understand any disclaimer language included in a contract or product documentation. 5. Magnuson-Moss Warranty Act: The Magnuson-Moss Warranty Act is a federal law that supplements and regulates warranties for consumer products. It establishes requirements for warranty disclosures and provides remedies for breach of warranty claims. This act applies to warranty clauses in Arkansas and provides additional protection to consumers. In summary, Arkansas warranty clauses include express warranties, implied warranties of merchantability and fitness for a particular purpose, warranty disclaimers, and the application of the Magnuson-Moss Warranty Act. These clauses serve to protect both buyers and sellers, ensuring that consumers receive products that meet certain standards and have recourse in case of defects or non-compliance with stated warranties.
