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– Nelson Mandela

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Chapter 21 Forum

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Q Continuing the discussion of warranties from the last chapter (since warranties provide a basis for rejection of goods or revocation of acceptance) Does it make sense to you that in order to disclaim the warranty of merchantiablity you must use the term merchantability but in order to disclaim all implied warranties the seller can just say "sold as is"? Alternatively can you think of a time you made a warranty claim to the store that sold you the goods (not to the manufacturer)? It could be based on an express warranty or one of the implied warranties.

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There are two sorts of warrantees; Express and Implied. Guarantee of merchantability is a suggested guarantee which is basically based upon a thought that the dealer find out about his merchandise and should know whether the item will suit its motivation and needs to guarantee quality. A disclaimer that renounces merchantability should unmistakably state merchantability. Further, on the other hand the dealer renounces all the suggested guarantees then he needs to make a disclaimer expressing a viewpoint "as seems to be" or "with all issues" or based on whatever proclamations which makes it unmistakable to the purchaser that there are no such guarantees.