A warranty disclaimer is a statement that attempts to exclude liability for a warrantor’s warranties. It may be included in an agreement or contract, or it may be a separate document that is signed by the parties as part of the agreement.
A warranty disclaimer can be used to limit or eliminate liability for certain types of damages arising out of breach of warranty.
In order to determine whether a warranty disclaimer will be effective, you must know what constitutes a “warranty” and what constitutes an express warranty. Express warranties are those that are explicitly stated in writing, while implied warranties are those which are not explicitly stated but are understood by parties to exist because they are based on common usage or custom.
A party can also disclaim express warranties through actions rather than words, if it has reason to believe that the other party will reasonably understand such actions as a statement of fact that no express warranty exists.