How can implied warranties be disclaimed under typical contract law?

• A. A non-conspicuous disclaimer written in fine print.
• B. A conspicuous disclaimer using the language “as is” or “with all faults.”
• C. An oral statement that conveys no warranties.
• D. A disclaimer that is included in an order form but not signed by the buyer.

Answer: (B)

Implied warranties can be disclaimed only when the disclaimer is in writing and clearly noticeable. In the sale of goods, the seller can waive these warranties by using a conspicuous statement that the goods are sold “as is” or “with all faults.” That language directly conveys that the buyer is accepting the product in its current condition and that no implied guarantees apply, which satisfies the requirement that the disclaimer be both written and conspicuous.

Disclaimers that fail to meet this standard won’t cut it. A disclaimer buried in fine print isn’t conspicuous, so it’s not effective. An oral disclaimer isn’t typically enough to bar implied warranties in the sale of goods, since the law emphasizes written notice. A disclaimer on an unsigned order form may also lack the formal sufficiency needed for a valid waiver, since it isn’t a clear, conspicuous written disclaimer.

So the safest and most proper way to exclude implied warranties is a conspicuous written disclaimer using clear language like “as is” or “with all faults.”