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Can a seller disclaim or limit warranties required by the UCC? If so, explain how.
On May 22, 2024
The UCC permits express and implied warranties to be disclaimed, provided that the buyer is made aware of the disclaimers at the time the sales contract is formed. To disclaim an implied warranty of fitness for a particular purpose, the disclaimer must be in writing and be conspicuous (printed in larger or contrasting type or in a different color, for example). A merchantability disclaimer must mention the word merchantability, but it need not be in writing. If it is made in writing, the writing must be conspicuous. Generally speaking, unless circumstances indicate otherwise, the implied warranties are disclaimed by the expression "as is," "with all faults," or similar language that is commonly understood by both parties as meaning that there are no implied warranties.