The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.
North Carolina Warranty Clauses are contractual provisions that outline the warranty rights and obligations of buyers and sellers in a transaction within the state of North Carolina. These clauses specify the guarantees, limitations, and remedies available to the parties involved, ensuring protection and clarity throughout the transaction process. There are several types of Warranty Clauses commonly seen in North Carolina transactions: 1. Express Warranty Clause: This type of clause explicitly states the specific guarantees or promises made by the seller regarding the condition, quality, or performance of the goods or services being sold. It ensures that the buyer receives the product or service as described. 2. Implied Warranty of Merchantability: This clause is automatically implied in the sale of goods in North Carolina, unless explicitly disclaimed. It assures buyers that the goods being sold are of reasonably acceptable quality, suitable for their intended purpose, and free from any defects that may impair their value. 3. Implied Warranty of Fitness for a Particular Purpose: Another type of implied warranty in North Carolina, it guarantees that the goods or services sold will be suitable for a specific purpose or requirement, as long as the buyer provides enough details to the seller about their intended use. This type of warranty usually arises when a seller recommends a particular product for a specific purpose. 4. Disclaimer Clause: A disclaimer clause explicitly excludes or limits certain warranties that would otherwise be implied by law under the Uniform Commercial Code (UCC) in North Carolina. Although disclaimers must be clear and conspicuous, they allow sellers to limit their liability and the extent to which buyers can recover damages in case of defects or failures. 5. As-Is Clause: This type of clause is commonly used in transactions where the seller wants to expressly disclaim any warranties, whether implied or express, and sell the goods or services in their current condition without any guarantees. It notifies buyers that they are accepting the product or service "as-is" or "with all faults" and relieves the seller from liability for defects or issues. 6. Limited Warranty Clause: It specifies certain limitations on the scope or duration of the warranties provided. For instance, the clause may limit the warranty period to a specific timeframe or exclude coverage for certain types of damage or repairs. This clause helps to define the boundaries and extent of warranty protection for the buyer. When dealing with North Carolina Warranty Clauses, it is essential for both buyers and sellers to carefully review, negotiate if necessary, and clearly understand the terms and provisions outlined in the contract. Seeking legal advice or assistance can contribute to a smoother transaction and ensure compliance with North Carolina's laws and regulations governing warranties in commercial transactions.
