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Why Should You Use a Warranty Disclaimer?

James Chiodo, Certified Information Privacy Professional CIPP/US

A Warranty Disclaimer is a defensive or “preventive” form of protection from unwanted claims or liability arising from products sold from or through your e-commerce business Website. It is defined as; “an oral or written statement aimed at limiting the seller’s liability for defects in goods sold.”

The Warranty Disclaimer is provided for in the Uniform Commercial Code (UCC,), and it may be general or specific in its terms. However, in some circumstances, for a Warranty Disclaimer to be effective; the printed words must be specific.

How Does a Warranty Disclaimer Protect You?

A Warranty Disclaimer protects your eCommerce business by disavowing the creation of an express or implied warranty with respect to the transaction of goods sold on your Website.

Posting a Warranty Disclaimer on your Website serves as protection by giving notice to consumers whom you are specifically stating your liability is limited.

To ensure that the Warranty Disclaimer is effective in protecting you from unwanted claims and liability, is in compliance with UCC regulations, the Warranty Disclaimer terms must be specific.

Our attorney-drafted Warranty Disclaimer is written in specific terms; it applies to the sale of eCommerce Services, including content and software usage and validity.

Important to Note: A court of law will have the final say in any liability action brought before them, however, they may look to your Website Warranty Disclaimer in discerning if liability is applicable. FYI…. The wording in ALL CAPS that’s in our Warranty Disclaimer UCC means that it’s important.

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