What is Warranty?
Definition
A warranty is a promise that something is true or will remain true for a specified period. Express warranties are written into the contract ('The product will function as described for 12 months'), while implied warranties arise automatically under the law, such as the implied warranty of merchantability (the product works for its intended purpose). Many B2B and SaaS contracts include an 'AS IS' disclaimer that strips away all implied warranties, meaning the provider makes no guarantees about quality, fitness, or reliability beyond what is explicitly stated. This matters because warranty disclaimers shift the risk of defects and failures entirely onto you. For example, if your software license includes an 'AS IS' disclaimer with no express performance warranty, and the software crashes constantly, you have no contractual basis to demand a fix or refund. Watch for broad warranty disclaimers paired with weak or nonexistent express warranties, as this combination means the provider is promising almost nothing about the quality of what they deliver.
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