Contract Glossary
Warranty Disclaimer
Definition
A contract clause that limits or eliminates warranties — essentially saying 'what you see is what you get.' The most common version disclaims implied warranties of merchantability and fitness for a particular purpose, meaning the seller isn't promising the product will work for your specific needs or meet any standard beyond what's explicitly stated.
In Practice
You buy enterprise software with a warranty disclaimer that says the product is provided 'as is' without warranties of any kind. Three months in, it can't handle your transaction volume. Without the disclaimer, you'd have an implied warranty claim. With it, the vendor is only on the hook for what the contract explicitly promises — which might be nothing about performance. This is why savvy buyers negotiate specific performance warranties alongside any disclaimer.
Example Clause
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Common in these contract types
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Frequently asked questions about warranty disclaimer
No. In most jurisdictions, consumer protection laws set a floor that contract terms can't go below. You can disclaim implied warranties in a business-to-business deal, but consumer sales often require minimum warranty protections regardless of what the contract says. The Magnuson-Moss Warranty Act in the U.S. and the Consumer Rights Act in the UK both limit how far disclaimers can go in consumer transactions.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.