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.
Nebraska Warranty Clauses refer to the specific provisions included in contracts or agreements that pertain to the warranty terms and conditions applicable to products or services being provided in the state of Nebraska. These clauses aim to outline the rights and responsibilities of both the seller or service provider and the buyer or consumer, ensuring that both parties are adequately protected. The Nebraska Uniform Commercial Code (UCC) governs warranty clauses in the state. The UCC sets forth general principles and standards regarding warranties, which serve as a guide for drafting warranty clauses in contracts. There are different types of warranty clauses that can be found in Nebraska contracts, including: 1. Express Warranty: This type of warranty is explicitly stated by the seller or service provider. It can be in writing or orally communicated and guarantees that the product or service will meet certain specifications or perform in a particular manner. Express warranties can be of varying durations and cover different aspects of the product or service. 2. Implied Warranty of Merchantability: Under Nebraska law, there is an implied warranty of merchantability that arises in the sale of goods. This warranty implies that the product is reasonably fit for the ordinary purpose for which it is intended. It ensures that the product is of average quality, free from defects, and suitable for its ordinary use. 3. Implied Warranty of Fitness for a Particular Purpose: In Nebraska, if a seller or service provider knows or has reason to know the particular purpose for which the goods are required by the buyer, there is an implied warranty that the goods will be fit for that specific purpose. This warranty arises when the buyer relies on the seller's expertise to provide goods or services suitable for their intended use. 4. Disclaimer of Warranty: Nebraska warranty clauses may also include provisions that disclaim or limit certain warranties. These disclaimers are intended to mitigate the potential liability of the seller or service provider and specify the scope and extent of the warranties being offered. However, disclaimers must be clear and conspicuous to be enforceable. It is important for both buyers and sellers in Nebraska to carefully review and understand the warranty clauses included in contracts. These clauses determine the rights and obligations of both parties and play a crucial role in resolving any disputes that may arise regarding the performance or quality of the goods or services being exchanged. Seek legal advice to ensure compliance with Nebraska law and to craft warranty clauses that provide adequate protection for all parties involved.
