End User License Agreement Template
Define rights, restrictions, and licensing terms for software use between licensors and licensees.
Warranty disclaimer
A warranty disclaimer is a contractual provision that denies or limits any guarantees provided by the seller regarding the quality, condition, or performance of a product or service. This clause aims to protect the seller from liability and assure the buyer that any use of the product is at their own risk, often requiring the buyer to acknowledge this understanding.
Table of Contents
Want to automatically extract clauses from your contracts?
5 Warranty disclaimer examples
- Description
Warranty; Disclaimer. Licensor represents and warrants to each Licensee and Affiliate thereof as of the Effective Date that it has the right to grant the license rights granted to Licensee under this Agreement. Except as expressly set forth in this Section 6.1, the rights and licenses granted to licensees and their affiliates hereunder are provided "as is," and licensor hereby expressly disclaims any and all other representations and warranties, express or implied (including any implied warranty of merchantability, fitness for a particular purpose, validity, registrability, or non-infringement, and implied warranties arising from course of dealing or course of performance).
- Description
Warranty Disclaimer. This Agreement imposes no obligation on either party to disclose any Proprietary Information or to negotiate for, enter into, or otherwise pursue the Business Purpose. Disclosing Party makes no representation or warranty, expressed or implied, as to the accuracy or completeness of the Proprietary Information, and will have no liability to Recipient or any other person relating to Recipient’s use of any of the Proprietary Information or any errors therein or omissions therefrom.
- Description
WARRANTY DISCLAIMER. Contractor represents and warrants that (i) the Services and any deliverables provided under this Agreement do not and will not infringe or violate any patents, copyrights, trademarks, right of publicity, right of privacy, moral right or any other right of any third party; (ii) it has not incorporated, and will not incorporate, any open source code into Company’s environment or code without prior written consent of Company; (iii) it will comply with all applicable laws, rules, or regulations in performing its obligations under this Agreement; (iv) it will not collect Personal Data in the performance of its obligations hereunder unless any collection is previously agreed upon between the parties, whereby such collection of data shall be governed by Section 7, (v) the Services will be of good and marketable quality and will conform in all material respects to the specifications, descriptions and requirements set forth in the applicable SOW, and (vi) it has and will maintain throughout the term of this Agreement and any SOW, any applicable licenses, permits, approvals and consents required by any federal, state or local licensing, regulatory or other agency for the performance of Services to be provided under this Agreement. Other than the express warranties set forth herein, the parties disclaim all warranties of any kind, express, implied, statutory, or in any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
- Description
Warranty Disclaimer. Spirit expressly agrees that Boeing makes no warranty, express or implied, as to the reliability of electronic access. Boeing shall have no obligation or liability arising in contract (including warranty) or tort for loss of use, revenue, or profit, or for any incidental or consequential damages arising from lack of access to or interruption in service of the Boeing systems. This provision shall survive termination or cancellation of this agreement.
- Description
Warranty disclaimer. The foregoing representations and warranties are in lieu of all other representations and warranties, and except for the express representations and warranties set forth above in this section 7, Via and the licensors make no warranty of any type or of any kind whatsoever arising out of or in connection with this agreement, and hereby disclaim and exclude all other warranties, whether statutory, express, or implied, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
What is a Warranty Disclaimer?
A warranty disclaimer is a statement in a contract that denies or limits the liabilities or obligations of one party, concerning the quality, functionality, or legality of a product or service provided. It is a legal declaration that removes the responsibility for certain potential failures or faults.
The purpose of a warranty disclaimer is to safeguard the provider against claims for damages if the product or service does not meet expectations or standards that were either implicit or expressed.
When should I use a Warranty Disclaimer?
You should use a warranty disclaimer in any circumstance where you need to limit your liability concerning the product or service you’re offering. Here are a few key situations:
- When selling products, especially if they can be affected by external variables (e.g., software, electronic devices).
- In service agreements, where outcomes depend on user’s compliance or usage.
- If you’re providing a product or service “as is” or without guarantees.
- In situations where there’s uncertainty about the longevity, quality, or performance of the goods or services being offered, and where explicitly removing assurance is essential for risk mitigation.
How do I write a Warranty Disclaimer?
Writing a warranty disclaimer involves using clear and unambiguous language to specify what is not being warranted. Include the following components to ensure effectiveness:
State the Absence of Warranties: Clearly state that no warranties are being made, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Example: “The product is provided on an ‘as is’ basis without any warranties of any kind.”
Define Scope and Limitations: Clearly delineate the scope of the disclaimer and any limitations to the disclaimer.
Example: “Company X makes no warranty as to the accuracy or completeness of the materials on the site.”
Emphasize the Scope of Liability: Define the limitation concerning damages, including any specific types that might not be covered.
Example: “Under no circumstances shall Company X be liable for any special, incidental, indirect, or consequential damages.”
Be Explicit with Language: Utilize straightforward and explicit language to ensure understanding and enforceability.
Consult a Legal Professional: Always consult with a legal expert to ensure compliance with applicable laws and regulations.
Which contracts typically contain a Warranty Disclaimer?
Warranty disclaimers are commonly found in a variety of contracts and agreements where liability needs to be limited. These include:
- Sales Contracts: Often used in agreements involving the sale of goods, where sellers limit liability for defects or failures.
- Service Agreements: To protect service providers from claims related to performance or results.
- Software License Agreements: Often include disclaimers since software performance can vary widely.
- E-commerce Terms and Conditions: Used in online sales platforms for consumers and suppliers.
- End User License Agreements (EULAs): Typically involve warranty disclaimers related to software use and performance.
- Product Manuals or Instructions: Disclaimers often included to limit liability from improper use.
By including a well-drafted warranty disclaimer, businesses can significantly reduce their exposure to legal risks associated with the failure or shortcomings of their products or services.
Templates refrencing "Warranty disclaimer"
These templates contain the clause you just read about.
Film Distribution License Agreement Template
Define rights, payments, and obligations between producers and distributors for film releases.
More Clauses from the Library
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
Warranty of title
The "Warranty of Title" clause ensures that the seller guarantees they have the legal right to transfer ownership of the goods being sold and that the title is free from any encumbrances, liens, or other claims. This clause protects the buyer from any third-party claims on the title that may arise after the purchase.
Work made for hire
A "Work Made for Hire" clause stipulates that any work created by an employee within the scope of their employment, or certain commissioned works falling under specific categories, is automatically owned by the employer or commissioning party from the moment of creation. This ensures that the entity paying for the work retains all intellectual property rights, rather than the individual creator.
Work order
A work order clause outlines the specific tasks, responsibilities, and deliverables that a service provider is contracted to perform under the terms of an agreement. It serves as an essential document in managing and tracking the execution and progress of work related to the contract.
Analyze your contracts.
Extract important clauses.
<Try our AI contract analysis and extract important clauses and information from existing contracts.
< <
