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Express Warranty - Marketing and Sales Law - Lecture Notes, Study notes of Law

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

Typology: Study notes

2012/2013

Uploaded on 01/30/2013

sharman
sharman 🇮🇳

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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 ISWHERE IS” WITHOUT ANY
WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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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

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PURPOSE. ALL EQUIPMENT SOLD IS USED.

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