Understanding express warranties, disclaimers and implied warranties

Express warranties are direct claims a seller makes to get the buyer to buy goods or services. They are written in a contract. They look like this:

The software will perform substantially in accordance with the specifications for a period of 90 days from installation.The widget will be free of manufacturing defects.

But every contract in North Carolina, even an oral or verbal contract, has some implied protections for the buyer. Because these are implied, form written contracts often “disclaim” implied warranties of merchantability or fitness for a particular purpose.

Here is an overview of what these implied contracts mean, and when you need to make sure the Seller

does not disclaim them.

One of those is the implied warranty of merchantability.

This means, that if you buy goods from a merchant for use as they are ordinarily used, the goods will be fit for this ordinary purpose. If they are not in good working order, they can be returned, even without a written contract. Look at the written warranty in the contract. The written warranties may cover merchantability or your use of the goods. If you need more than what is there, negotiate this term.