Free Warranty Disclaimer Template Online | Instant & Private

Warranty Disclaimer Template

Product nameCompany nameDisclaimer

WARRANTY DISCLAIMER

FOR: Product
MANUFACTURED BY: Company Name

WARRANTY PERIOD: 1 year from date of purchase

LIMITED WARRANTY:
Company Name warrants that Product will be free from defects in materials and workmanship for one year.

WARRANTY DOES NOT COVER:
- Normal wear and tear
- Misuse or abuse
- Modification without authorization
- Unauthorized repairs
- Water damage (unless waterproof model)
- Accidental damage

LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED, Company Name IS NOT LIABLE FOR:
- Consequential damages
- Lost profits
- Lost data
- Indirect damages

CLAIM PROCESS:
To claim warranty, contact customer service with proof of purchase.

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES.

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FAQ

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How it works

A warranty disclaimer limits or eliminates the implied warranties that would otherwise apply to goods and services under the Uniform Commercial Code. The Warranty Disclaimer Template generates legally effective disclaimer language for use in contracts, invoices, and product documentation.

**Implied warranties under UCC** The Uniform Commercial Code (Article 2) implies two warranties into most commercial sales of goods by default: (1) Warranty of Merchantability — goods are fit for the ordinary purpose for which they are used. (2) Warranty of Fitness for a Particular Purpose — if the seller knows the buyer's specific purpose and the buyer relies on the seller's expertise, goods will be fit for that purpose. These apply automatically unless expressly disclaimed in writing.

**Requirements for effective disclaimer** Under UCC 2-316: to disclaim the warranty of merchantability, the word "merchantability" must be used and the disclaimer must be conspicuous (larger font, different color, or prominent placement). To disclaim all implied warranties: "as-is" or "with all faults" language is sufficient if conspicuous. Written disclaimer must be noticeable — buried in fine print may not be enforceable.

**Limitation of liability** Pair warranty disclaimers with a limitation of liability clause capping total damages and excluding consequential damages. Some jurisdictions (New Jersey, Maryland) restrict warranty disclaimers in consumer contexts — commercial B2B transactions have broader freedom to disclaim.

**Express warranties created by description** Any affirmative statement of fact about the goods creates an express warranty — be careful not to make product claims in marketing materials that contradict your disclaimer.

This tool generates template language. Review with a licensed attorney for your specific products and jurisdiction.

Frequently Asked Questions

What is the difference between express and implied warranties?

Express warranty: an explicit promise about a product — 'this widget will last 5 years.' Created by written statements, descriptions, or samples. Implied warranty of merchantability: an automatic legal guarantee that a product works for its ordinary purpose — exists unless disclaimed. Implied warranty of fitness for particular purpose: if a seller knows a buyer needs a product for a specific use and recommends it, an automatic warranty that it's fit for that use arises. Both implied warranties can be disclaimed in writing using specific language.

How do I properly disclaim implied warranties?

Use the magic language in conspicuous form. For merchantability: 'THE SELLER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY.' For fitness for a particular purpose: 'THE SELLER DISCLAIMS ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.' Under the UCC, the word 'merchantability' must appear. Under Magnuson-Moss Act (consumer products in the US), implied warranties cannot be fully disclaimed on written warranties — you can limit duration but not eliminate them. ALL CAPS is standard and legally recommended for conspicuousness.

Can software products disclaim all warranties?

Software typically includes broad 'as-is' disclaimers: 'SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.' Courts have generally enforced these for commercial software because software complexity makes perfection impossible. However, implied warranty disclaimers don't protect against: fraudulent misrepresentation, consumer protection law violations, or fitness warranties when you specifically promised a function. SaaS services have additional obligations under service level agreements that coexist with warranty disclaimers.

What is the Magnuson-Moss Warranty Act and how does it affect disclaimers?

The Magnuson-Moss Warranty Act (US federal law) governs written warranties on consumer products. Key rules: if you provide a written warranty, you cannot disclaim implied warranties (only limit their duration). Warranties must be designated 'full' or 'limited.' Full warranties require repair/replacement/refund within reasonable time at no charge. Limited warranties can impose conditions. The Act only applies to consumer products (not B2B) and only when you choose to offer a written warranty — you can still sell without any warranty.