Question 1

What's the difference between express and implied warranties?

Accepted Answer

Express warranties are promises you write into the contract — 'The software will process 10,000 transactions per second.' Implied warranties exist by law without being written — like the implied warranty of merchantability (the product is fit for its ordinary use). Express warranties are only limited by what you write. Implied warranties can be disclaimed.

Question 2

Can a contract disclaim all warranties?

Accepted Answer

It can try. 'AS IS' and 'WITH ALL FAULTS' language disclaims implied warranties in most jurisdictions. Under the UCC, the disclaimer must be conspicuous (all caps, bold, or otherwise visually distinct). Express warranties made elsewhere in the contract can't be disclaimed — you can't promise something in one section and disclaim it in another.

Question 3

How long should a warranty period be?

Accepted Answer

Standard warranty periods for services run 30–90 days after delivery. Software warranties are typically 90 days to 1 year. Construction warranties can be 1–10 years. The 'right' duration depends on how long it takes to discover defects. Complex software needs a longer warranty than a simple logo design.

Question 4

What happens if something breaks after the warranty expires?

Accepted Answer

You pay for the fix. Once the warranty period ends, the provider has no obligation to fix defects unless you negotiate an extended warranty or support agreement. This is why warranty duration matters — push for the longest reasonable warranty you can get. It's cheaper than paying hourly for post-warranty fixes.

Question 5

What does 'implied warranty of merchantability' mean?

Accepted Answer

It means the product must be fit for its ordinary purpose. A chair should support a person's weight. Software should run without crashing constantly. You don't need to write this into the contract — it exists by law under the UCC for goods. But many contracts disclaim it with 'AS IS' language, so check whether your contract keeps or kills this protection.

Question 6

Can warranty claims survive after the contract ends?

Accepted Answer

Yes. If you discover a defect within the warranty period but the contract has already terminated, you can still make a warranty claim — as long as you file within the warranty window and the statute of limitations. Survival clauses typically keep warranty provisions alive after termination. Check yours.

Warranty

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about warranty

Create a contract with proper warranty clauses