Terms to know: Disclaimers

A savvy Seller will protect themself with a well-drafted express warranty, and will “disclaim” implied warranties. This is perfectly legal. After all, a contract is just a written agreement to share the commercial risks between a Buyer and a Seller.

Watch out for this where you have specialized needs and it is important that the Seller provides goods or services that will meet these specific requirements.

Disclaimers are easy to spot: OTHER THAN AS STATED HEREIN, CONSULTANT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. CONSULTANT HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.