Can an express warranty be disclaimed?

Can an express warranty be disclaimed?

• A. No
• B. Yes
• C. Only if buyer agrees in writing
• D. Only for non-merch goods

Answer: (A)

Express warranties are promises about the goods that become part of the contract, created by the seller’s statements, descriptions, or samples. Because these promises are part of what the buyer relied on in making the purchase, a general disclaimer can’t simply negate them. The law does allow disclaimers to address implied warranties (like merchantability or fitness) when they’re clearly stated and proper, but they don’t wipe out an express warranty. If the parties want to alter an express warranty, they must do so through an explicit contract modification that clearly narrows or withdraws the warranty.

Express warranties are promises about the goods that become part of the contract, created by the seller’s statements, descriptions, or samples. Because these promises are part of what the buyer relied on in making the purchase, a general disclaimer can’t simply negate them. The law does allow disclaimers to address implied warranties (like merchantability or fitness) when they’re clearly stated and proper, but they don’t wipe out an express warranty. If the parties want to alter an express warranty, they must do so through an explicit contract modification that clearly narrows or withdraws the warranty.