Confidentiality, No Warranty
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 No Warranty. The disclosing party makes no representation as to the accuracy or completeness of the Confidential Information.


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Non-Disclosure Agreement Warranties
Purchase Agreement
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No Warranty

"As-Is". Unless otherwise listed in this agreement, the [DELIVERABLE] is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the [DELIVERABLE], which includes that 

[PARTY A] hereby disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Exchange Agreements Warranties
Performance Agreement
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No Warranty

"As-Is". The [DELIVERABLE] are provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement, [PARTY A] does not make any warranty regarding the [DELIVERABLE]. 


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Services - Business Warranties
No warranty and disclaimer
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 No Warranty

No Warranty. The disclosing party makes no representation as to the accuracy or completeness of the Confidential Information.

Warranty Disclaimer. The disclosing party disclaims to the fullest extent authorized by law all warranties, whether express or implied, including any implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for a particular purpose.


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Non-Disclosure Agreement Warranties
License Agreement
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No Warranty

"As-Is". The Software is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the Software, and 

[PARTY A] disclaims to the extent authorized by law any and all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.


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License Warranties
Research Agreement
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No Warranty. Unless otherwise listed in this agreement,

[PARTY B] does not make any warranty regarding the [DELIVERABLE], which includes that 

[PARTY B] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Research Agreement Warranties
Data Warranty
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No Warranty

Provided "As Is". The Data is provided "as is."

No Warranty of Accuracy or Completeness. [PARTY A] does not make any warranty as to the accuracy or completeness of the Data.


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Data Sharing Agreement Warranties
Master Services Agreement
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No Warranty

"As-Is". Unless otherwise listed in this agreement, the [DELIVERABLE] are provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the [DELIVERABLE], which includes that 

[PARTY A] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Master Services Agreement Warranties
Reseller Agreement
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No Other Warranties

"As-Is". Unless otherwise listed in this agreement, Products are provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the Products, which includes that 

[PARTY A] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Reseller Agreement Warranties
Software License Agreement
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No Warranty

"As-Is". The [Licensed] Software is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the [Licensed] Software, which includes that 

[PARTY A] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Software License Agreement Warranties
Software as a Service Agreement
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No Warranty

"As-Is". Unless otherwise listed in this agreement, the Service is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the Service, which includes that 

[PARTY A] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Software as a Service Agreement Warranties
Hosting Agreement
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No Warranty. [PARTY A] does not make any warranties of any kind, express or implied, with respect to the performance of the [DELIVERABLE], including any warranty

of merchantability, fitness for a particular purpose,

of non-infringement,

arising out of trade usage, course of dealing, or course of performance, or

warranty that the [DELIVERABLE] will be uninterrupted, always accessible, free of harmful components, accurate, or error-free.


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Hosting Agreement Warranties
Content License Agreement
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No Other Warranty

"As-Is". The [PARTY A] Content is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the [PARTY A] Content, which includes that 

[PARTY A] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Content License Agreement Warranties
Integration Services Agreement
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No Other Warranties

"As-Is". The [Licensed] Software is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY B] does not make any warranty regarding the Services or Deliverables, which includes that 

[PARTY B] disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.

Third Party Actions. [PARTY B] does not and cannot control the flow of data over internet services provided or controlled by third parties, and will not have any liability for losses or damages resulting from downtime or disruptions caused by third parties.


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Services - Business Warranties
Lease Agreement
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No Warranty

"As-Is". Unless otherwise listed in this agreement, the [Premise / Equipment] is provided "as is," with all faults, defects, bugs, and errors.

No Warranty. Unless otherwise listed in this agreement,

[PARTY A] does not make any warranty regarding the [Premise / Equipment], which includes that 

[PARTY A] hereby disclaims to the [fullest] extent authorized by Law any and all [other] warranties, whether express or implied, including any implied warranties of [title, non-infringement, quiet enjoyment, integration,] merchantability or fitness for a particular purpose.


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Lease Warranties

About

  • Clause Taxonomy: Warranties
  • Organization: Public
  • Updated: 10/21/2018
  • Rating

Overview

The No Other Warranty clause is common in agreements for both goods and services, especially standard commercial contracts.

The Uniform Commercial Code (the UCC) (which generally covers agreements for the sale of goods, but not services agreements), imposes a number of implied warranties, that apply without even being included in the agreement, unless they are explicitly disclaimed in the agreement.

Under the UCC, the specific implied warranties that apply in any given case will depend on whether the seller is a merchant, a merchant who deals specifically with the kind of goods sold under the agreement, or a non-merchant seller.

These implied warranties include warranties for merchantability, fitness for a particular purpose, and title.

In general, to disclaim implied warranties the disclaimer must explicitly refer to each implied warranty being disclaimed, and be conspicuous and in writing (i.e. in a bold, italicized font).

While most courts have held that software is a "good" (and therefore covered by the UCC), many software license agreements provide for a combination of goods and services (not covered by the UCC).

"Software publishers disclaim the implied warranty of merchantability because the repercussions of recognizing such warranties are unknown." The Implied Warranty of Merchantability in Software Contracts: A Warranty No One Dares to Give and How to Change That, Robert W. Gomulkiewicz, 1998, 16 John Marshall J. of Comp. & Info. Law 393.

A No Warranty clause is typically paired with a clause limiting or eliminating liability for the provider.