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Agreement for Sale of Equipment; Additional Proposed Terms Are...

Palm Beach Florida Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

Name: Palm Beach Florida Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
Brand: US Legal Forms
Rating: 4.79 (369 reviews)

Category:

Contracts - Equipment

State:

Multi-State

County:

Palm Beach

Control #:

US-02312BG

Format:

Instant download

Description

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer: (i) expresses an intention that it will not be revoked; (ii) is in a writing; and (iii) is signed by the merchant.

An express period of irrevocability in the offer cannot exceed three months. If nothing is said as to the duration of the offer, the offer can be revoked after a reasonable time. A firm offer is effective regardless of whether the merchant received any consideration to keep the offer open.

An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner.

Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This form is clear that the offer is not subject to change.

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FAQ

A warranty disclaimer is a statement declaring that a company is not responsible for any damaged products or inaccurate content they might provide. They are also called as-is disclaimers.

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

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,

ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED.

The UCC has two provisions relating to disclaimer or modification of merchantability. Under the first, a seller who wishes to exclude or limit the implied warranty of merchantability must mention the word "merchantability." Under this rule, general language such as "no implied warranties are made" is not sufficient.

A warranty disclaimer is a statement or written document that informs a buyer that the seller is not bound by any warranty guarantees or promises regarding the product.

In most places, implied warranties can be disclaimed. However, there are federal and state laws that impose restrictions on disclaimers on consumer goods.

Article 2 of the Uniform Commercial Code (UCC) recognizes both express warranties and implied warranties of quality in the sale of goods. Within specific limits, the UCC permits sellers to exclude or modify implied warranties. When it comes to disclaiming express warranties, however, the UCC is not so explicit.

In general, a disclaimer will typically serve to relieve a party to a contract or within a legally valid relationship from liability in situations that involve uncertainty or risk. For instance, a warning label or a sign is one standard form of a disclaimer that you may have seen when purchasing a product.

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Disclaimer And Limitation Of Liability 16. Changes To These Terms 17.Fill out the form to access a sample of Practical Guidance. Motion and Title: Staff recommends motion to approve: Automated Teller Machine. MANSCAPED™ official US website, home of the Lawn Mower® 4. 0 waterproof trimmer.

Palm Beach Florida Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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What does it mean for a warranty to be disclaimed?

Can a seller disclaim an implied warranty?

Can you disclaim implied warranties?

Can an implied warranty be excluded from an agreement?

What word must be mentioned by a seller when attempting to disclaim the implied warranty of merchantability?

What is a disclaimer of warranties clause?

Is it possible to disclaim any or all of the implied warranties?

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What happens if the equipment sold under the Palm Beach Agreement does not meet expectations?

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