Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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US-02312BG
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Description

Contract law as to offers is applicable to a sales contract, with the following exception. A firm offer by a merchant cannot be revoked if the offer: (i) expresses an intention that it will not be revoked; (ii) is in a writing; and (iii) is signed by the merchant.


An express period of irrevocability in the offer cannot exceed three months. If nothing is said as to the duration of the offer, the offer can be revoked after a reasonable time. A firm offer is effective regardless of whether the merchant received any consideration to keep the offer open.


An offer to buy or sell goods may be accepted in any manner and by any medium that is reasonable under the circumstances. However, if a specific manner or medium is clearly required by the terms of the offer or the circumstances of the case, the offer can only be accepted in that manner.


Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This form is clear that the offer is not subject to change.

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  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties
  • Preview Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties

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FAQ

A warranty statement typically includes explicit terms regarding the seller's obligations, like, 'The seller warrants that the equipment meets industry standards.' Conversely, you may choose to reject such warranties altogether with a phrase like, 'Under the Nebraska Agreement for Sale of Equipment, Additional Proposed Terms Are Expressly Rejected.' This clarity aids buyers in understanding their rights and the scope of protection they do not receive.

To write a disclaimer, begin with a clear statement of what you are disclaiming. For instance, you might say, 'This Nebraska Agreement for Sale of Equipment is sold without any warranty.' Ensure the language is straightforward and easily understood. Remember to incorporate 'Additional Proposed Terms Are Expressly Rejected’ to specify that no further terms apply, reinforcing your stance on warranties.

An example of a no guarantee disclaimer could be phrased as, 'The seller makes no guarantees regarding the equipment's performance or suitability for a specific purpose.' This type of disclaimer emphasizes that the buyer assumes all risks after the sale, which is crucial under the Nebraska Agreement for Sale of Equipment. This approach can help prevent liability for unforeseen issues, as it clearly states that 'Additional Proposed Terms Are Expressly Rejected'.

A common example of a warranty disclaimer is a statement that reads, 'The seller provides this equipment without any express or implied warranties.' In the context of the Nebraska Agreement for Sale of Equipment, this straightforward language communicates that there are no guarantees related to performance or quality. Including such disclaimers helps protect the seller from potential claims, reinforcing that 'Additional Proposed Terms Are Expressly Rejected'.

To disclaim an express warranty under the Nebraska Agreement for Sale of Equipment, you must clearly state in writing that no such warranty exists. This can be done in the document itself, ensuring that the language is unambiguous. By stating 'Additional Proposed Terms Are Expressly Rejected,' you limit your liability significantly. Therefore, always be clear and precise in your language to avoid misunderstandings.

The limitation clause in a warranty specifies the extent and duration of the seller's liability concerning the equipment. In the context of the Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, this clause can define what damages the seller is liable for and under what conditions. Such clarity helps to avoid misunderstandings and potential conflicts between the parties.

An example of a disclaimer of warranty clause could state that the equipment is sold 'as is,' without any warranties, either express or implied. This type of clause is commonly found in legal agreements like the Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties. Using such language protects sellers by limiting their liability for issues that may arise post-sale.

The disclaimer of warranties and limitation of liability clause serves to notify buyers that certain warranties are not provided. In the Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, this clause can effectively shield sellers from legal action due to equipment performance failures. It ensures both parties understand their obligations and potential liabilities.

The disclaimer and limitation of liability clause outlines the extent to which one party limits their responsibility in an agreement. In the Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, this clause can protect the seller from claims related to equipment failure or defects. It essentially limits financial repercussions resulting from unforeseen issues.

Yes, you can disclaim express warranties in contract law, but it requires clear language in the agreement. In the context of the Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, sellers should specify what warranties are being disclaimed. This clarity helps ensure that buyers understand the limitations of their rights.

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Nebraska Agreement for Sale of Equipment; Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties