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Yes, a merchant can disclaim an implied warranty of merchantability, but it must be done explicitly and clearly. This is typically achieved through specific language in the sales contract or product labeling that informs the buyer that the warranty is being disclaimed. The disclaimer must be conspicuous and understandable to ensure that the buyer is aware of the limitation on their rights. However, certain jurisdictions may have specific requirements regarding the validity of such disclaimers.
What else can I help you with?
Can you waive the implied warranty of merchantability in a contract?
Yes, the implied warranty of merchantability can be waived in a contract if both parties agree to it in writing.
An example of a warranty implied by all Sellers is?
I think warranty of merchantability
Does a Pit in Cherry Pie fall under implied warranty of merchantability?
No the implied warranty guarantee a safe product. A cherry pit in a cherry pie wouldn't cause harm or damage to a consumers health or well being.
Implied warranty of fitness for human consumption?
This is the seller's implicit guarantee that the goods in the sale transaction are fit for human consumption. So basically it is saying that if you buy something for the specified purpose, the good is suppose to deliver what it says. If You buy a hamburger and there is a big bone, then that's a breach of implied warranty and you are due compensation, because a consumer does not expect bones to be in this product. The only way a merchant can get out of this obligation is to state on his stock that things are sold 'as is' or he will have to disclaim in writing specifically saying that there is no implied warranty.
Is it acceptable to sell a vehicle in Kansas as-is?
No. Kansas is one of the few states which prohibits any attempt to limit the implied warranty of merchantability in connection with the sale of any merchandise, including vehicles.
What describes an implied warranty?
a merchant's agreement that a product will function in the manner expected compared to other similar goods
What is the best description of an implied warranty?
A merchant’s agreement that a product will function in the manner expected compared to other similar goods. A+
What best describes an implied warranty?
a merchant's agreement that a product will function in the manner expected compared to other similar goods
What is the best description for an implied warranty?
A merchant's agreement that a product will function in the manner expected compared to other similar goods.
Are their any laws protecting buyers of used vehicles?
It depends on the state you live in. Some states have laws of servicabilty. State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties - unspoken, unwritten promises from the seller to the buyer. But dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties. The most common type of implied warranty is the warranty of merchantability. The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It doesn't cover everything that could go wrong. Contact your state attorney general for the laws in your state.
What is the difference between an express warranty and an implied warranty?
An express warranty is explicitly stated by the seller, while an implied warranty is automatically assumed by law.
What is an implied warranty?
Implied WarrantyState laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties � unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. Furthermore, private sellers are usually not covered by the implied warranties of state law. There is no specified time period for implied warranties. The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case. A warranty of fitness for a particular purpose applies when you buy a vehicle based on the dealer's advice that it is suitable for a particular use. For example, a dealer who suggests you buy a specific vehicle for hauling a trailer in effect is promising that the vehicle will be suitable for that purpose. If you have a written warranty that doesn't cover your problems, you still may have coverage through implied warranties. That's because when a dealer sells a vehicle with a written warranty or service contract, implied warranties are included automatically. The dealer can't delete this protection. Any limit on an implied warranty's time must be included on the written warranty. In states that don't allow "as is" sales, an "Implied Warranties Only" disclosure is printed on the Buyers Guide in place of the "As Is" disclosure. The box beside this disclosure will be checked if the dealer decides to sell the car with no written warranty. In states that do allow "as is" sales, the "Implied Warranties Only" disclosure should appear on the Buyers Guide if the dealer decides to sell a vehicle with implied warranties and no written warranty. A copy of the Buyers Guide with the "Implied Warranties Only" disclosure is available here. Here are more opinions and answers from other Wiki s Contributors:The dealer advertised the vehichle had a " CD " player it does not work! The vehicle had a problem with the clutch that almost caused me to wreck that he had said to have fixed! I questioned him on the smell of a burning clutch he said it was the radiator paint from which it was just sprayed after being repaired, it turned out it was the clutch burning and it caused the transmission to go out do to the clutch failure! These were all things that were a word of mouth promise to be of working condition!
