This form provides boilerplate contract clauses that disclaim or limit warranties under the contract. Several different language options are included to suit individual needs and circumstances.
Oregon Warranty Provisions
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FAQ
There are many types of implied warranties including an implied warranty of merchantability, an implied warranty of fitness, an implied warranty of habitability (for a lease), and an implied warranty of marketability (for the sale of real property, also known as a marketable title).
The two main types are express and implied warranties. An express warranty is one that is clearly stated (or "expressed") either verbally or in writing, while an implied warranty automatically covers most consumer goods valued over a certain amount, but only provides a base level of protection for consumers.
In every sale between a merchant and a consumer, there exists an implied warranty of merchantability. This means that the goods bought will be fit for their ordinary use. For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to.
There are express and implied warranties, both of which are legally binding commitments. In contracts, a warranty is a stipulation that makes part of the contract. Therefore, the warrantor must strictly comply with the warranty. Otherwise, there would be a breach of warranty.
A warranty is essentially a promise made by one party to the other regarding a particular aspect of the contract. For example, in a contract for the sale of goods, a warranty may be a promise by the seller that the goods will be free from defects for a certain period of time.
Warranties Developed Through Oregon Appellate Law. An implied warranty is one that the courts unilaterally impose as a part of the transaction, even though it was not expressly written into the contract between the parties.
Oregon's Department of Consumer and Business Services (DCBS) oversees home warranty companies.
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