If you sell product, did you know the law imposes duties on you, in the form of implied warranties? Between merchants, there is an implied warranty of merchantability, and there may be an implied warranty of fitness for a particular use. Contact us if you want to know what these warranty terms mean, and what risks they pose for your business.
Limited Warranty Provision
You can override these implied warranties by including a disclaimer, and/or a limited warranty, in your sales contract documents, or (in the case of retail) on your packaging. A well-drafted limited warranty provision is a necessity for nearly every product in today’s litigious environment. We can help you prepare a limited warranty which will limit the risk to your business. Contact us to discuss this service.
EVERY contract, whether for sales or service, includes an implied warranty of good faith and fair dealing. This implied warranty prohibits a party to a contract from doing anything which would deny the other party the anticipated fruits of the contract. This means someone is prohibited by law from entering into a contract with you and then doing something to keep you from earning the benefits they promised you, even if whatever they are doing is not prohibited by the express terms of the contract. Breach of the implied covenant of good faith and fair dealing is also known as “bad faith.” We have extensive experience and success representing clients in enforcing the implied covenant of good faith and fair dealing, through negotiation and litigation. If you need this service, contact us for a free 1/2 hour consultation.