Washington 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

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FAQ

An example of a no warranty disclaimer could be: 'This Washington Agreement for Sale of Equipment includes a complete disclaimer of warranties. The equipment is provided 'as is,' and the buyer accepts responsibility for any defects or issues.' A well-formulated disclaimer like this effectively informs the buyer of the terms while minimizing liability for the seller.

To write a no-warranty statement, clearly indicate that no warranties are provided for the equipment sold. You could state, 'The equipment is sold without any warranties, either express or implied. The buyer accepts the equipment in its current state.' This plain language makes it clear to the buyer that they are taking full responsibility for the equipment’s condition.

A no liability clause can be written by outlining that the seller will not be responsible for any damages that may arise from the use of the equipment. You could express this by saying, 'Under the Washington Agreement for Sale of Equipment, the seller shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of the equipment.' This wording helps limit the seller's exposure to potential legal actions.

To disclaim the warranty of title, you should incorporate a specific clause in your Washington Agreement for Sale of Equipment that states the seller does not guarantee that they hold valid title to the equipment. For example, you might say, 'The seller disclaims any warranty of title or ownership.' This statement helps prevent complications arising from ownership disputes after the sale.

You can state there is no warranty by including a clear disclaimer in the Washington Agreement for Sale of Equipment. This disclaimer should explicitly mention that the seller does not provide any warranties for the equipment being sold. By using straightforward language and a prominent placement in the agreement, you effectively communicate that the buyer accepts the equipment 'as is,' with no guarantees.

A seller can eliminate implied warranties by including a clear disclaimer within the sales contract. Within a Washington Agreement for Sale of Equipment, Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties provides the necessary framework for this. The disclaimer must be specific and accessible to ensure that the buyer is fully aware of the terms.

Yes, a warranty is considered a legally binding contract. When included in a Washington Agreement for Sale of Equipment, a warranty outlines the seller's obligations regarding the product. Parties involved must adhere to the terms, which means that failing to meet these obligations can lead to legal consequences.

Certain warranties, like those implied by law, cannot be disclaimed. In a Washington Agreement for Sale of Equipment, Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties, you cannot invalidate warranties related to safety or consumer protection. Understanding these limitations is essential for sellers to ensure compliance and avoid potential disputes.

Yes, disclaimers can be legally enforceable if they are clearly written and brought to the buyer's attention prior to the sale. When properly included in a Washington Agreement for Sale of Equipment, Additional Proposed Terms Are Expressly Rejected; Disclaimer of Warranties can effectively limit the seller's exposure to future claims. However, the enforceability may vary based on state laws and specifics of the agreement.

Writing a warranty disclaimer involves drafting clear, straightforward language that communicates your intention to limit liability. In your Washington Agreement for Sale of Equipment, include a section that states all warranties are disclaimed, except for those expressly set forth. This disclaimer should be visible and easily understood to be effective in legal contexts.

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