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A disclaimer of warranties is about what the business does and does not promise, while the limitation of liability is about the business's responsibilities.

Identify the types of products and services to be covered Gather information from your sales team, customer service team, and other departments about the products and services you offer. Make a list of all products and services you offer and decide which ones you want to include in the warranty program.

The Basic Concepts: A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.

If that fails, try complaining to the Better Business Bureau and to your state attorney general or consumer protection office. Send a demand letter threatening to take the company to small-claims court. If it's an expensive product, contact a consumer attorney. (You can find one at naca.net.)

A warranty clause may also limit the parties' liability. For example, a limited warranty may provide restrictions on the warranty. For example, a limited liability clause may set a time limit on the warranty. One example of this is a sale of a motor vehicle with a 10-year warranty.

The two main types are express and implied warranties. An express warranty is one that is clearly stated (or "expressed") either verbally or in writing, while an implied warranty automatically covers most consumer goods valued over a certain amount, but only provides a base level of protection for consumers.

Limit the Warranties It is best to avoid broad catch-all or forward-looking statements. Another way to limit the scope of the warranties is to limit them to awareness. You can do this by including statements such as ?to the Seller's best knowledge? or the ?the Seller is not aware?.