Contract clause
What Is Warranty of Merchantability?
Warranty of merchantability means goods should be fit for ordinary use unless the warranty is validly disclaimed.
Plain English meaning
The warranty of merchantability is an implied promise that goods are basically usable for their ordinary purpose. Sellers often try to disclaim it with “as is” language or warranty limitations. Whether that works depends on the transaction and applicable law.
Why it matters
- It affects what happens when a product fails.
- Disclaimers may remove important default protections.
- It often appears in warranty and limitation sections.
Where it appears
- Sales contracts
- Consumer product terms
- Equipment leases
- Warranty documents
- Service bundles with hardware
Watch for
- “As is” language
- All-caps warranty disclaimers
- Short claim deadlines
- Exclusive remedy clauses
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Common questions
Can warranty of merchantability be disclaimed?
Often yes, but the disclaimer usually must be clear and meet legal requirements.
Is merchantability the same as a satisfaction guarantee?
No. Merchantability is a baseline implied warranty, not a promise that you will like the product.
Related reading
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