"As Is" Disclaimer
Also called: Warranty Disclaimer · Disclaimer of Warranties
An "as is" disclaimer states that a product or service is provided without implied warranties of quality, fitness for purpose, or merchantability. It shifts the risk of undiscovered defects onto the party receiving the product or service, rather than the party supplying it.
In more detail
Many legal systems imply certain warranties into a contract by default — that goods are fit for their intended purpose, for example — even if the contract never mentions them. An "as is" disclaimer is the supplier's attempt to switch those implied warranties off.
Disclaimers are read narrowly by courts in most jurisdictions. Generic, all-purpose disclaimer language is more likely to be struck down than a disclaimer that specifically names the warranties being excluded.
A disclaimer of implied warranties is not the same as a limitation of liability. One controls what promises exist; the other controls what happens if a promise is broken. A contract can have a strong disclaimer and still leave a party exposed on the warranties it does make expressly.
A SaaS platform is licensed "as is, without warranty of any kind." If the software has a bug that corrupts customer data, the disclaimer doesn't prevent a breach-of-contract claim for any warranties made elsewhere in the agreement — it only removes warranties the contract never actually promised.
Several consumer-protection regimes prohibit disclaiming certain warranties entirely, regardless of contract wording — this clause is far more reliable in a business-to-business context than a consumer one, and enforceability varies significantly by governing law.
What our lawyers check
- Whether the disclaimer is broad enough to be unenforceable, or specific enough to hold up
- Whether it conflicts with express warranties made elsewhere in the same contract
- Whether it is even permitted for this type of transaction under the governing law
- How it interacts with the limitation of liability clause
Contracts where this clause matters
Related terms
This definition is general information about commercial contracting practice, not legal advice. How a clause operates depends on the specific wording of your agreement and the law that governs it. For advice on your contract, have it reviewed by a lawyer.
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