Generate warranty disclaimers
AI writes AS-IS warranty disclaimers for contracts. Get comprehensive disclaimers that limit liability.
Generate warranty disclaimers
River's Warranty Disclaimer Generator creates comprehensive provisions disclaiming implied warranties and limiting warranty obligations. Warranty disclaimers protect vendors from liability by disclaiming implied warranties (merchantability, fitness for purpose) and providing AS-IS delivery terms. You specify what product or service is involved, which warranties to disclaim, and any express warranties you're providing. The AI generates professional disclaimers with proper formatting and conspicuous language. Perfect for SaaS providers, technology vendors, and anyone selling products or services.
Unlike insufficient disclaimer language that courts might not enforce, comprehensive disclaimers use required conspicuous formatting (all caps or bold), disclaim specific implied warranties by name, and follow UCC and common law requirements. The AI generates provisions that courts are more likely to uphold because they follow technical legal requirements for effective disclaimers. You get protective language that limits warranty exposure.
This tool is perfect for SaaS and software companies, technology vendors, product manufacturers, services providers, and anyone creating commercial agreements. Use warranty disclaimers in software licenses, SaaS agreements, product sales, services contracts, and vendor agreements. Great for protecting against excessive warranty claims while providing reasonable terms. The AI generates foundation disclaimers attorneys customize for specific products and risk profiles.
Warranty Disclaimers Must Be Conspicuous
Implied warranty disclaimers must be conspicuous to be enforceable under the Uniform Commercial Code and common law. 'Conspicuous' typically means all caps, bold text, larger font, or different color text that stands out from surrounding terms. Simply including disclaimer language in normal text often isn't sufficient. Courts scrutinize warranty disclaimers and might refuse to enforce non-conspicuous disclaimers. Use ALL CAPS for warranty disclaimers to maximize enforceability. Yes, it looks aggressive, but it's legally required for effective disclaimers.
To disclaim implied warranties effectively, name them specifically. The UCC requires disclaiming the implied warranty of merchantability by mentioning 'merchantability.' Disclaiming the implied warranty of fitness for particular purpose requires conspicuous language stating goods are sold AS-IS or similar language. Generic disclaimers like 'we disclaim all warranties' might not suffice. Specific disclaimers like 'THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE' are more effective. Follow UCC requirements precisely.
Balance disclaimers with limited express warranties that provide reasonable protection without excessive liability. Instead of disclaiming everything, many vendors provide limited warranties (e.g., 'Software will substantially conform to documentation for 90 days' or 'Services will be performed in professional workmanlike manner'). These limited warranties are commercially reasonable and provide customers some protection while limiting vendor liability to specific, manageable commitments. Pure AS-IS sales with no warranties work for some situations (used goods, distressed sales) but might not be commercially acceptable for many products and services.
What You Get
Comprehensive warranty disclaimer provision
AS-IS delivery terms
Implied warranty disclaimers (merchantability, fitness)
Conspicuous formatting (ALL CAPS)
Enforceable, court-tested language
How It Works
- 1Specify disclaimers neededEnter product/service and which warranties to disclaim
- 2AI generates disclaimerOur AI creates conspicuous warranty disclaimer in seconds
- 3Insert into contractAdd disclaimer to agreement's warranty section
Frequently Asked Questions
Why are warranty disclaimers in ALL CAPS?
The Uniform Commercial Code and common law require warranty disclaimers to be 'conspicuous,' meaning they must stand out from surrounding text so buyers can't claim they didn't see them. ALL CAPS formatting is the most common and safest way to make disclaimers conspicuous. Courts regularly refuse to enforce disclaimers that aren't conspicuous. While bold or larger font might also work, ALL CAPS is the established standard that courts consistently recognize. Use ALL CAPS for implied warranty disclaimers to maximize enforceability.
Can I disclaim all warranties in consumer contracts?
No, many consumer protection laws prohibit or restrict warranty disclaimers in consumer transactions. Federal law (Magnuson-Moss Warranty Act) and state consumer protection statutes often require minimum warranties for consumer goods and prohibit AS-IS sales. Implied warranties might be limited in duration but not completely disclaimed. These disclaimers are primarily for commercial contracts between sophisticated parties. For consumer contracts, consult consumer protection laws in your jurisdiction. Don't assume commercial warranty disclaimers work in consumer contexts.
What's the difference between disclaiming warranties and limiting remedies?
Warranty disclaimers say no warranties are given. Remedy limitations say that even if warranties are breached, liability is capped. For example: Disclaimer says 'no warranty of merchantability.' Remedy limitation says 'if software doesn't work, our only obligation is to repair it or refund fees.' Both are important. Disclaimers might fail (courts interpret them narrowly). Remedy limitations provide backup protection by capping damages even if warranties exist. Use both: disclaim implied warranties and separately limit remedies for any warranty breaches. Layer protections.
Should I provide any express warranties?
It depends on your product, competition, and customer expectations. Pure AS-IS sales with no warranties are risky for customers and might not be commercially competitive. Many vendors provide limited express warranties that give customers reasonable protection while limiting vendor liability. For example: '90-day conformance to documentation,' 'professional workmanlike services,' or 'material defect free for one year.' These limited warranties are commercially reasonable, provide value to customers, and create manageable liability for vendors. Balance protection with customer expectations and competitive pressure.
Do warranty disclaimers protect against negligence claims?
No, warranty disclaimers address contract claims about warranty breaches. They generally don't bar tort claims for negligence, personal injury, or fraud. If your defective product injures someone, a warranty disclaimer won't protect you from personal injury liability. You need separate liability limitations and indemnification provisions to address tort claims. Warranty disclaimers are one layer of protection focused on contractual warranty claims. Don't assume they provide comprehensive liability protection. Use warranty disclaimers, liability limitations, and indemnification together for comprehensive protection.
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