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Draft a warranty disclaimer for your contract
Describe what you sell and who buys it, and get a warranty section with the promises you make, the warranties you disclaim and the remedy for a failure.
River drafts the warranty section of your contract: the specific promises you are willing to make, the implied warranties you disclaim, and what the customer gets if a promise is broken. Describe what you sell and who buys it, and River writes the section to fit goods, software or services, with the disclaimer worded and formatted the way the law expects.
A disclaimer works best paired with a limited warranty. Customers rarely accept a product sold purely as is, and a short, honest promise, such as substantial conformance to the documentation for ninety days with repair or refund as the remedy, is easier to sign and easier to defend. River proposes the promise and the remedy along with the disclaimer.
For goods sold to consumers, federal and state law limit what you can disclaim. River writes for business customers by default and flags the consumer rules instead of drafting around them.
How implied warranties are disclaimed
For sales of goods, the Uniform Commercial Code implies a warranty that the goods are fit for their ordinary purpose, called merchantability, and sometimes that they fit a buyer's particular purpose. To disclaim merchantability, the wording must mention merchantability and, if written, be conspicuous. To disclaim fitness for a particular purpose, the wording must be written and conspicuous. Phrases such as as is generally disclaim implied warranties too.
Conspicuous means a reasonable person would notice it, which is why disclaimers are set in capitals, bold or contrasting type. Software and services are not always governed by the same code, but contracts for both use the same disclaimer conventions, and courts look at the same question: was the disclaimer clear?
Consumer sales are different. Under the federal Magnuson-Moss Warranty Act, a seller who gives a written warranty on a consumer product, or sells a service contract on it, cannot disclaim implied warranties, though a limited warranty may shorten how long they last. Some states go further and restrict as is sales of consumer goods.
How it works
Describe what you sell
Goods, software or services, who buys them, and what you are willing to promise.
River drafts the section
A limited warranty, a disclaimer and a remedy, written for your contract.
Read the reasoning
A short note explains each choice and any consumer rules that apply.
Adjust in chat
Ask for a stronger warranty, a shorter period, or the customer's version.
What you get
- A limited warranty you can stand behind, written from what you actually promise
- Implied warranty disclaimers worded to name merchantability and fitness for a particular purpose
- Conspicuous formatting so the disclaimer cannot be said to be hidden
- A clear remedy for a broken promise, such as repair, replacement or refund
- Consumer and Magnuson-Moss issues flagged when individuals buy from you
Common questions
Why are disclaimers written in capitals?
For goods, the Uniform Commercial Code requires a written disclaimer of merchantability or fitness to be conspicuous, meaning noticeable to a reasonable person. Capitals, bold or contrasting type are the usual ways to meet that. Formatting alone is not enough if the wording is unclear, so River gets both right.
Can I sell to consumers as is?
Sometimes, but not always. If you give a written warranty on a consumer product or sell a service contract on it, federal law bars disclaiming implied warranties, though a limited warranty can shorten their length. Several states restrict as is sales of consumer goods even without a written warranty. River flags these rules when you sell to individuals.
What is the difference between a disclaimer and a limited remedy?
A disclaimer says which warranties you do not give. A limited remedy says what the customer gets if a warranty you do give is broken, such as repair, replacement or a refund. Use both, and pair them with a limitation of liability clause, because each covers a different part of the risk.
Should I give any warranty at all?
Usually a narrow one. Business customers expect something, and a clear promise with a clear remedy is easier to sign than a blanket as is. Typical examples are conformance to documentation, workmanlike services, or freedom from material defects for a set period, each tied to a repair or refund.
Is this legal advice?
No. River drafts the warranty section and explains it, but it does not give legal advice or promise how a court would read it. If you sell physical products to consumers, operate in a regulated industry, or make performance claims in marketing, have a lawyer review the warranty and your advertising together.
Draft a warranty disclaimer for your contract
Describe what you need, add any files you have, and your workspace opens with the work already underway.