What implied warranties Cannot be disclaimed?

Disclaimers are typically accomplished through conspicuous language regarding merchantability or "as is" language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.

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Disclaimer of Implied Warranties

Dallas Texas Disclaimer of Implied Warranties

Name: Dallas Texas Disclaimer of Implied Warranties
Brand: US Legal Forms
Rating: 4.67 (344 reviews)

Category:

Contracts - Sale of Goods

State:

Multi-State

County:

Dallas

Control #:

US-01685-AZ

Format:

Instant download

Description

This form is a Disclaimer of Implied Warranties. This form disclaims all implied warranties, including the implied warranty of merchantability. The goods purchsed by the buyer are considered to be sold "as is".

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(c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.

However, when it comes to disclaiming implied warranties, state law (in most states) simplifies things by providing that a dealer can disclaim the implied warranties of merchantability and fitness for a particular purpose by using the words "as is," "with all faults," or other language that, in common understanding,

Texas law imposes certain implied warranties on the sale of goods, regardless of whether the warranties are mentioned in the contract. In particular, Texas law creates the warranty of merchantability and the warranty that the goods are fit for a particular purpose.

For those concerned about the expansion of implied warranties, keep in mind that under well settled Texas law, contracting parties can limit exposure to the implied warranty of good and workmanlike repairs. While the warranty cannot be waived or disclaimed,4 it can be replaced with an express repair warranty.

As a result, the court also held that an implied repair warranty claim is not subject to the DTPA's two-year limitations period if not brought under the DTPA. The court did not, however, answer which limitations periodtwo years or four yearsapplies to an implied repair warranty claim not brought under the DTPA.

Disclaimers are typically accomplished through conspicuous language regarding merchantability or "as is" language. Because (unlike implied warranties) express warranties are voluntarily communicated by the seller, express warranties cannot be disclaimed.

The seller can disclaim the implied warranty of fitness for a particular purpose. Any language excluding or modifying the implied warranty of fitness for a particular purpose must be: 220e In writing. Must Be Conspicuous).

Neither party makes any representation or warranty in connection with the Services, except as expressly warranted in this Agreement or the Additional Terms of Service.

Role of the Uniform Commercial Code The Uniform Commercial Code (UCC) permits sellers of goods to disclaim the implied warranty of merchantability.

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The content of this site may not be complete, accurate or up-to-date. Under section 2316, not much is actually required for an effective disclaimer.Both expressly disclaim the creation of express or implied warranties, including fitness for a particular purpose. To the fullest extent permissible pursuant to applicable law, Game On! Some jurisdictions do not allow exclusion of the implied warranties, the disclaimer above may not apply to you in this respect. Disclaimer. THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. There are no warranties (express, implied or otherwise) that extend beyond the face of these Terms of Use. 11.2. Disclaimer. The materials on THE website are provided "as is".

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS “SITE, ALL INFORMATION IN LINKED WEBSITES, AND ALL MATERIALS INCLUDED IN OR DOWNLOADED FROM THIS “SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAME ON ASSUMES NO LIABILITY FOR THIRD PARTY SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR FROM THE WORD- OF-MIND MATERIALS ON THE WELCOME TO THE GAME ON WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OR INJURIES OF ANY KIND INCURRED AND WHETHER SUCH DAMAGES ARE FORESEEABLE, NEGLIGENT, ARISING UNDER CONTRACT, TORT, OR OTHERWISE AND WHETHER GAME ON HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. 11.3. Disclaimer of warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THOSE MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Disclaimer
The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Dallas Texas Disclaimer of Implied Warranties

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