Wisconsin Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
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Word; 
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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.

Wisconsin Warranty Clauses are legal provisions included in contracts that govern the warranty rights and responsibilities of parties involved in a trade or sale transaction within the state of Wisconsin. These warranty clauses outline the terms and conditions associated with product warranties, providing specific rights and remedies for consumers and businesses. In Wisconsin, there are two primary types of warranty clauses frequently encountered: 1. Implied Warranty: Under Wisconsin law, there are two types of implied warranties that may apply to a transaction: the warranty of merchantability and the warranty of fitness for a particular purpose. — Warranty of Merchantability: This implied warranty guarantees that a product is reasonably fit for the ordinary purposes it is intended to be used for. In other words, it ensures that the product is of acceptable quality and meets the general expectations of consumers. — Warranty of Fitness for a Particular Purpose: This implied warranty arises when a seller knows or has reason to know that a buyer is relying on the seller's expertise or advice in selecting a product suitable for a specific purpose. The seller then assumes the responsibility that the product will serve that purpose. 2. Express Warranty: Unlike implied warranties, express warranties are explicitly provided by the seller, either verbally or in writing, and outline specific assurances about the product's performance, quality, or attributes. Express warranties can take various forms, such as product labels, brochures, advertisements, or written statements by the seller. These warranties may outline the coverage period, limitations, and options for resolving warranty issues. It is worth mentioning that Wisconsin law governs both the creation and enforcement of warranty clauses. Sellers and consumers need to familiarize themselves with the specific requirements and limitations outlined in Wisconsin Statutes Chapter 402 to ensure compliance and protection of both parties' rights. In cases of warranty claims or disputes, it is advisable to consult legal counsel or dispute resolution mechanisms available under state law.

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FAQ

Generally, liquidated damages are meant to be compensatory rather than punitive. This is why the amount of compensation that a party is required to pay in a liquidated damages clause should be a genuine estimation of the loss that would result from a breach of contract.

The main difference between a penalty clause and liquidated damages is that the former is intended as a punishment and the latter simply attempts to make amends or rectify a problem.

Written Warranty Requirements Be written in non-legalese plain language in a single, clear, and easily readable and available document. Include the name and address of the seller. Delineate the product or parts covered by the warranty. Specify as to whether the warranty provides for a refund, replacement, or repair.

To be enforceable in Wisconsin, liquidated damages must be reasonable. That is, they must reflect a rational estimate of the owner's likely damages caused by delay. Liquidated damages that are far greater than the owner's actual damages will be deemed unreasonable and unenforceable.

Liquidated Damages: These types of damages are awarded when there is a provision in a contract which states the amount of damages that shall be awarded in the event of a breach. Liquidated damages cannot be used as punishment to a party or to harm the party for the breach.

A liquidated damages clause is a means of ensuring that you are compensated if the party you hired fails to do the job. It should include a clause that sets out the specific amount of damages you are to receive if a specific type of breach occurs.

Implied warranties are promises about the condition of products at the time they are sold, but they do not assure that a product will last for any specific length of time. (The normal durability of a product is, of course, one aspect of a product's merchantability or its fitness for a particular purpose.)

402.316 an implied warranty that the goods shall be fit for such purpose. A party may sue for breach of implied warranties under the Uniform Commercial Code although it does not take possession of the goods if it is the party who contracts to buy the goods. Estate of Kriefall v.

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Wisconsin Warranty Clauses