How can warranties be waived?
If you are familiar with the Uniform Commercial Code and are dealing in the sale of goods, which in some state’s services get wrapped into that as well, you may find yourself dealing with a classic Article 2 problem. With those problems, you are going to know the warranties as they are typically spelled out. What to remember in drafting is under the UCC, there are certain gap-filling provisions that will be put in if there is no mention made in a contract. However, there are very few, if any, provisions that can’t be altered by contract. That’s the whole point of the UCC. This video reviews the different warranties that are implied and express, how they can be limited, and the pros and cons of warranty waivers.
Sean R. Smith
Continuum Legal Group LLP
- Attorney with Taylor English Duma LLP in Atlanta
- Represents companies and individuals in a multitude of different areas of litigation and alternative dispute resolution
- Tried multiple actions in state and federal courts in Georgia and surrounding states, including a representation of Time Inc., which was noted as one of the 15 significant defense verdicts in the country in 1996
- Represented numerous clients in appeals in both state and federal court
- Advises clients on an ongoing basis regarding various methods of avoiding litigation and making litigation more effective and efficient when it is necessary
- Briefed and argued appeals in numerous appellate courts, including the 11th Circuit, 6th Circuit, the Supreme Courts of Georgia and Montana, and the Court of Appeals of Georgia
- J.D. degree, University of Chicago; A.B. degree, on the law review and was a Hinton Moot Court Finalist, Harvard College
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