Whether,You,Know,Not,Gave,Warr DIY Whether You Know it or Not You Gave a Warranty

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----------------------------------------------------------Permission is granted for the below article to forward,reprint, distribute, use for ezine, newsletter, website,offer as free bonus or part of a product for sale as longas no changes are made and the byline, copyright, and theresource box below is included. ----------------------------------------------------------Whether You Know it or Not You Gave a Warranty Copyright(C)2003 Stephen BucaroYou may not know it, but when you sell a product youautomatically provide the buyer with a very extensivewarranty. Article Two of the Uniform Commercial Codeprovides buyers with implied warranties of merchantability,fitness, and noninfringement. Few sellers are even awareof the existence of these warranties, yet they expose theseller to liability far in excess of the products price.* Implied Warranty of MerchantabilityThe Implied Warranty of Merchantability means your productmust be "fit for the ordinary purposes for which suchgoods are used". Because the standard for"merchantability"has never been defined, this warranty is very ambiguous.Over the years, merchantability has been defined on acase-by-case basis.When you sell a product, a warranty that the product is"merchantable" is implied, unless you specifically excludethat warranty. The Warranty of Merchantability can beexcluded only with "conspicuous" text. The exclusion textmust use a different size or color of text than the restof the contract. The exclusion language must explicitlymention "merchantability". * Implied Warranty of FitnessThe Implied Warranty of Fitness means your product must be"fit for a particular purpose". Will The court interpretthe Warranty to mean fit only for the purpose for whichthe product was designed? Do you know every purpose andsituation for which your product may be used? When you sell a product, the ambiguous "warranty offitness for a particular purpose" is implied. Specificallyexclude the implied warranty of fitness for a particularpurpose, or clearly document that the product is sold"as-is".* Implied Warranty of NoninfringementThe Implied Warranty of Noninfringement means that yourproduct does not infringe on a third parties intellectualproperty rights. Can you guarantee that every aspect ofyour product does not infringe on some patent, trademark,or copyright?If your product does infringe on a third parties propertyrights, you will be liable to reimburse the buyer for"consequential" damages, (costs of the lawsuit resultingfrom the infringement), and "incidental" damages (costs toreplace the product).when you sell a product, a Warranty of Noninfringement isimplied. Specifically exclude the implied warranty ofnoninfringement. Clearly document that "In no event shallyou be liable for incidental, or consequential damagesarising out of the use of the product.=> Offer a Limited WarrantyWhen you sell a product, you should exclude all of theUniform Commercial Code's implied warranties. Instead,provide your own limited warranty. Warrent only that theproduct will, for a limited period of time, be free fromdefects in materials and craftsmanship when used for thepurpose for which it was designed. The warranty shouldlimit the buyer's remedy to repair of the defect in theproduct, replacement of the product, or refund of thepurchase price.Any statement that you publish in your advertising andmarketing creates an "express" warranty. Be careful aboutwhat your advertising and marketing says. Avoid makingexpress warranties that you don't mean to make. If yourproducts are being sold through distributors, make surethat your distributors are aware of the limited warrantyand that they avoid making statements that create expresswarranties.If you sell products online, make sure that customers arerequired to review the warranty before completing thetransaction. They should have to read the limited warrantyand then click on an [I Accept] button prior to completing the transaction.Make sure they have the ability to print the limitedwarranty.Disclaimer: This information is provided with theunderstanding that the author is not a lawyer. If legaladvice is required, the services of a competentprofessional should be sought. By using this material, theuser assumes complete responsibility for any and alldamages resulting from that use.----------------------------------------------------------To learn how to maintain your computer and use it moreeffectively to design a Web site and make money on the Webvisit http://bucarotechelp.comTo subscribe to Bucaro TecHelp Newsletter Send a blankemail to mailto:bucarotechelp-subscribe@topica.com---------------------------------------------------------- Article Tags: Implied Warranty