A "No Other Warranties" clause (also called a "disclaimer of warranties" or "as-is" clause) is a statement that explicitly negates any warranties not expressly written into the contract. This clause typically declares that the product, service, or information is provided "as-is" and "as-available," with no implied warranties of merchantability, fitness for a particular purpose, or non-infringement. For example, a software vendor might include this clause to clarify that while it warrants the software will perform certain specified functions, it makes no broader promises about reliability, security, or suitability for the customer's specific needs. This matters because without such a clause, many jurisdictions automatically imply certain warranties by law (like the warranty that goods are fit for their ordinary purpose), which could expose the provider to liability for issues beyond the scope of what they actually promised.
This clause shifts risk to the receiving party and limits the provider's liability exposure. It's a critical protection for vendors and service providers, but it can be problematic for buyers if it's too broad or if it disclaims warranties for defects the buyer reasonably expected to be covered.
If you're the provider, ensure this clause is clear, specific, and conspicuous (often in bold or all-caps) to be enforceable; vague disclaimers may be unenforceable in many jurisdictions. Specify exactly which warranties are disclaimed and which are retained—don't simply disclaim "all warranties" if you're actually making some promises elsewhere in the contract. If you're the buyer, resist overly broad "no other warranties" language; negotiate to carve out critical warranties (e.g., title, non-infringement, compliance with law) and ensure that express warranties in the contract are not undermined by this disclaimer. Consider whether the clause applies to fraud, willful misconduct, or breach of express terms—these should typically not be disclaimed.
Frequently Asked Questions
What does this clause mean in simple terms?
A "No Other Warranties" clause (also called a "disclaimer of warranties" or "as-is" clause) is a statement that explicitly negates any warranties not expressly written into the contract.
Why should I care about this clause?
This clause typically declares that the product, service, or information is provided "as-is" and "as-available," with no implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
What are my options?
For example, a software vendor might include this clause to clarify that while it warrants the software will perform certain specified functions, it makes no broader promises about reliability, security, or suitability for the customer's specific needs.
How does this affect small businesses?
This matters because without such a clause, many jurisdictions automatically imply certain warranties by law (like the warranty that goods are fit for their ordinary purpose), which could expose the provider to liability for issues beyond the scope of what they actually promised.