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This lecture is from Marketing and Sales Law. Key important points are: Express Warranty, Specific Product, Wreaths, Seller Promises, Della Robbin, Wreaths and Seller, Warranties, Disclaimer of Express Warranties, Promise Relating, Bargain
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Example A Express Warranty
[Edit clause for specific product:] Seller promises that the wreaths being sold under this contract will be authentic Della Robbin wreaths and Seller expressly warrants that the goods will conform to the sample previously provided to Buyer.
Example B Disclaimer of All Warranties
SELLER DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE ASSETS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
Example C Disclaimer of Express Warranties
SELLER HAS MADE NO AFFIRMATION OF FACT AND HAS MADE NO PROMISE RELATING TO THE ASSETS WHICH HAS BEEN PART OF THE BASIS OF THE BARGAIN MADE OR HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE ASSETS WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE.
Example D Disclaimer of Implied Warranties
THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE GOODS CONTAINED IN THIS CONTRACT.
Example E “As Is” Clause
THE GOODS COVERED BY THIS CONTRACT HAVE BEEN PURCHASED BY BUYER “AS IS” AND “WITH ALL FAULTS,” AND BUYER ACKNOWLEDGES THAT NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE TO BE IMPLIED IN THIS TRANSACTION. [Variation:] ALL EQUIPMENT IS SOLD “AS IS—WHERE IS” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR