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.
San Antonio, Texas Warranty Clauses: A Detailed Description In San Antonio, Texas, warranty clauses play a crucial role in various legal agreements and contracts, providing protections for both buyers and sellers involved in transactions. These clauses outline the rights and responsibilities of each party, ensuring that the product or service being provided meets certain standards and quality. There are different types of warranty clauses commonly seen in San Antonio, Texas contracts, including: 1. Express Warranty Clause: An express warranty is a written or verbal promise made by the seller or manufacturer about the quality, performance, or attributes of a product or service. It clearly defines what the buyer can expect and provides remedies if the stated promises are not fulfilled. Example: "The seller guarantees that the purchased vehicle is free from defects and will provide necessary repairs within the first year of ownership." 2. Implied Warranty of Merchantability Clause: This clause ensures that the purchased goods are fit for ordinary use, meaning they should be of a certain quality, free from defects, and meet industry standards. This warranty is automatically implied by law unless explicitly disclaimed. Example: "The seller warrants that the goods sold, whether new or used, are merchantable and suitable for their intended purpose." 3. Implied Warranty of Fitness for a Particular Purpose Clause: This clause applies when the seller knows or has reason to know the specific purpose for which the buyer requires the goods. It guarantees that the product is suitable for that particular purpose, even if it might not be suitable for other uses. Example: "The seller assures that the selected equipment is fit for drilling operations and specifically designed for deep-water exploration." 4. Disclaimer Clause: In some cases, sellers or manufacturers may include a disclaimer clause to limit or exclude specific warranties. This clause usually states that certain defects or issues are not covered under warranty, placing the responsibility on the buyer to perform due diligence. Example: "The seller disclaims any warranty regarding wear and tear, damage caused by misuse, or modifications made by the buyer." It is important for both buyers and sellers in San Antonio, Texas to fully understand the warranty clauses in any agreement or contract they enter into. Seeking legal advice is highly recommended ensuring compliance with local laws, understand the rights and obligations of each party, and to protect one's interests.
