This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

Argentine law provides certain warranties, generally applicable to all types of contracts implying the transfer of rights. These warranties apply, in particular, to the validity of the rights being transferred and to the fitness of the goods regarding which rights are transferred.

The general rule is that these warranties may be limited or eliminated by agreement between the parties. However, these disclaimers are totally or partially invalid in several types of cases: if the transferor had prior knowledge of the invalidity of the transferred rights or of the deficiency of the goods involved; if the transferor is a merchant and the parties waiving the transferor's rights are not; and if the warranty disclaimer is included in a consumer or adhesion contract.

Warranty disclaimers which purport to exclude, restrict or modify the consumer guarantees as contained in the ACL are unenforceable.

If a warranty against defects is provided in relation to goods or services, it must be provided in addition to the consumer guarantees. A warranty against defects is a representation made to a consumer that, if goods or services (or part of them) are defective, a business will repair or replace goods (or part of them), resupply or fix a problem with services (or part of them) or provide compensation to the consumer.

Documents that evidence a warranty against defect, which may include receipts, labels or packaging in addition to a more formal contract, must contain certain information including the following mandatory text for the supply of goods which is provided under the ACL:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

From June 9, 2019, the mandatory text for the supply of services is:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

- to cancel your service contract with us; and

- to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

From 9 June 2019, the mandatory text for the combined supply of goods and services is:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

- to cancel your service contract with us; and

- to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

Limitations and exclusions of warranty claims are generally permissible, except if contra bonos mores, but to be interpreted restrictively. Such disclaimers are not permissible in business-to-consumer contracts.

Limitations and exclusions of warranty claims are generally permissible, including in business-to-consumer contracts, but are subject to the Act of September 1, 2004 (corresponding to Articles 1649bis and following of the Civil Code) on the protection of consumers in respect of the sale of consumer goods, which provides a 2-year warranty period.

Depending on the services or goods provided, and who the buyer is, the supplier may be subject to mandatory rules regarding warranties.

Disclaimers and contractual provisions on warranty are usually enforceable, provided that they do not conflict with mandatory rules. For instance, disclaimers against consumers are likely to be deemed null or considered abusive.

Great care must be taken in drafting warranty disclaimers. The Sale of Goods Acts in most of the common law provinces distinguish between conditions (the breach of which entitles the party to reject the goods) and warranties that only entitle the party to claim damages. Fitness for purpose and merchantability are implied conditions, and many cases can be found where clauses purporting to disclaim warranties of fitness for purpose and merchantability have been ignored because the provision is a condition not a warranty. In consumer transactions, some provinces have legislation that limits the ability to disclaim certain statutory or otherwise common implied terms.

Sellers can disclaim or exclude implied warranties in their contracts. Disclaimers of warranty are usually enforced.

For contracts with consumers, there are special provisions in this regard that generally include a forced period of 6 months for liability for product defects.

A disclaimer for the following is not valid and not enforceable:

• For actions that caused personal injury
• Disclaimers for intentional actions that caused serious property damage or that caused by gross negligence
• Disclaimers in violation of mandatory clauses in the law

Warranty disclaimers are recognized and enforceable if they are made known to the parties and/or are conspicuous.

According to Law 1480 of 2011, warranty disclaimers are not enforceable against consumers unless the product defect is derived from force majeure, a third-party fault, misuse of the product or the fact that consumer did not follow the instructions for the installation, use or maintenance of the product.

Disclaimers of statutory warranty are acceptable, unless it is disadvantageous for the weaker party (ie, consumer).

Disclaimers of warranty are usually enforced unless they are unconscionable, unclear or not conspicuous.

Warranty disclaimers against consumers are covered by mandatory provisions to protect the consumer. An unclear contractual term must be interpreted in favor of the consumer.

In a B2B relationships, warranty disclaimers are enforced. However, they do not properly serve as effective limitations of liability for defects. It is therefore recommended that the limitations to the liability of a party in respect of defects are expressed precisely instead of relying on general "no warranty" disclaimers.

Special consumer legislation provisions apply in the B2C context.

Certain statutory warranties such as the warranty of conformity (conformité), warranty against latent defects (vices cachés) or quiet title warranty cannot be excluded except under specific circumstances.

Consumers are entitled to specific additional warranties, and warranty disclaimers are generally unenforceable toward consumers.

Moreover, recent provisions transposing the European Directives (EU) 2019/770 and (EU) 2019/771 into French law have extended the legal guarantee of conformity for digital goods, content and services. They have also clarified the new obligations of certain undertakings under the legal guarantee of conformity, such as the obligation to provide customers with specific information. For example, providers of digital goods and services shall now disclose, if relevant, the functionality of the digital content as well as any interoperability options.

As a general rule, warranty disclaimers are enforceable if negotiated individually. The Civil Code contains restrictions on enforceability for certain circumstances (eg, damages caused by intent). Further and quite extensive limitations apply in general terms and conditions (B2C and B2B), as well as generally in consumer contracts.

Disclaimers of warranty are subject to the reasonableness test under the Control of Exemption Clauses Ordinance (Cap. 71). The disclaimers are enforceable if they are reasonable.

In a business contract for the sale of goods, a seller usually disclaims or excludes implied warranties under the Sale of Goods Ordinance (Cap. 26), including implied warranties of merchantable quality and fitness for a particular purpose. For consumer contracts for the provision of services, the Supply of Services (Implied Terms) Ordinance (Cap. 457) stipulates certain warranties that will be implied into the contracts, such as the implied term to charge reasonably, and to perform the contract within a reasonable time and with reasonable care and skill.

With respect to consumer contracts, the liability for breach of the implied terms and conditions under the Sale of Goods Ordinance or Supply of Services (Implied Terms) Ordinance cannot be excluded or restricted by reference to disclaimers. In other words, the seller or supplier (as applicable) would not be able to exclude or restrict their liability for breach of implied terms stipulated by the Ordinances by contractual means.

As a principal rule stipulated in the Civil Code, warranty cannot be disclaimed in consumer contracts.

In license agreement, the licensor warrants according to the general rules that the subject matter of the license agreement is appropriate for the contractual use or exploitation.

The Trademark Act and the Patent Act contains special warranty rules that refer to the general rules of the Civil Code.

In the event a license agreement qualifies as a consumer contract, warranty cannot be validly disclaimed. In other cases, the warranty disclaimers are enforceable, although, given the fact that the new Hungarian Civil Code entered into force in 2014, there is no court practice to corroborate this.

The 1-year term of statutory warranty can be reduced, but not in the context of consumer contracts.

Where any right, duty or liability arises under a contract of sale by implication of law, it may be negated (ie, overridden) or varied by express agreement or by the course of dealing between the parties or by usage, if the usage is such as to bind both parties to the contract.

Sellers, in their contracts for the sale of goods, customarily disclaim or exclude implied warranties and terms under the SOGA. The implied warranties that are disclaimed are usually the implied warranties of merchantability, fitness for a particular purpose and, sometimes, non-infringement warranties arising from usage of trade and course of performance.

Disclaimers of warranty are usually enforceable unless they are unconscionable, unclear or not conspicuous, or relate to fraud, personal injury or death.

However, with the enactment of an updated consumer protection law in India, vide the Consumer Protection Act, 2019, a new concept of product liability has been introduced, and it brings within its scope the manufacturer of the product, product seller or product service provider for any claim for compensation. Under the regime, manufacturers are liable in a product liability action even where it is proven that such manufacturer was not negligent or fraudulent in making any express warranty for the product sold.

Express warranty disclaimers are recognized and generally respected.

While in general, warranty disclaimers will be enforceable under Irish law for business to business contracts, it is not possible to exclude the implied condition of title in a contract of sale.

The Sale of Goods Act 1893 (as amended by the Sale of Goods and Supply of Services Act 1980) contains certain implied terms relating to the quality of any goods. These cannot be excluded when supplying to consumers. There are other implied terms relating to the provision of services which can be excluded when supplying to consumers, subject to ensuring such exclusionary terms are fair and reasonable in the circumstances and are brought to the attention of the consumer.

 A warranty disclaimer in a business to consumer contract may be unenforceable against the consumer where it is unfair, having regard to the Consumer Rights Act 2022.

In general, under Israeli law, parties are free to enter into an agreement which sets out exclusion of warranties or implied terms, subject to such exclusion not being an unfairly prejudicial term contained within a standard contract. With respect to certain specific goods, Israeli law sets out a mandatory warranty to be granted to a consumer and such warranty cannot be stipulated except where such stipulation was made for the benefit of the consumer.

In B2B sale contracts, the vendor shall ensure that the goods sold are free from defects which could make the goods unfit for the use for which they are intended or which could appreciably impair their value. Pursuant to Section 1490 of the Italian Civil Code, the agreement by which the parties exclude or limit such guarantees has no effect if the seller has in bad faith concealed the goods’ defects to the buyer. Such legal guarantee lasts for 1 year from the delivery of the good.

In B2C sale contracts, the vendor shall insure consumers against any lack of conformity for a period of 2 years from the delivery of the good. In this case, the consumer is entitled, at its option, to the repair or replacement of the defective good. Should such remedies be impossible or too burdensome, the consumer is still entitled to a price reduction or a reimbursement against the return of the defective product. However, in the case of the supply of digital goods and services lasting more than 2 years, liability extends for the entire supply duration. Conversely, in the case of used goods, liability may be reduced to at least 1 year.

The consumer’s action to assert defects is time-barred for a period of 26 months from delivery of the goods, unless the seller has fraudulently concealed the defects. However, the presumption that a defect of the delivered goods already existed at the time of delivery is extended from 6 months to 1 year, and for the entire duration of the supply, in the case of digital goods and services, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity. As such, the burden of proof falls on the seller with respect to the presence of the defect at the time of delivery.

Warranty disclaimers are generally enforceable unless sellers are aware of a defect in the product(s) at the time of sale.

For disclaimers against consumers, even if the seller is not aware of a defect in the product(s) at the time of sale, comprehensive disclaimers are not enforceable under the Consumer Contract Act (CCA) (Act No. 61 of 2000).

Limitations and exclusions of warranty claims are generally permissible, including in business-to-consumer contracts, but are subject to the Luxembourg Consumer Code in respect of the sale of consumer goods, as amended, which provides a 2-year warranty period.

Under Mexican law, the granting of warranties is mandatory only for determined products and services. If a seller or service provider grants warranty to its client, it shall respect such warranty in all its terms and conditions and contain the minimum requirements set forth by the applicable law.

Limitations of warranty claims are generally permissible, including in business-to-consumer contracts, but may be subject to certain restrictions in the Dutch Civil Code (especially in respect of general terms and conditions). Limitations of warranty provisions that set aside a consumer's statutory rights are generally prohibited in a sale of goods agreement entered into with a consumer. In a consumer sale, a warranty must state in plain intelligible language which rights or remedies are granted to the buyer and make clear that these entitlements are without prejudice to rights or remedies conferred by law. The warranty must further state the name and address of the seller or the producer who granted the warranty and the duration and territorial scope for which it holds.

Statutory consumers' rights cannot be disclaimed or limited by a warranty disclaimer. A warranty disclaimer that purports to exclude or limit these rights will be unenforceable and could also lead to civil and/or criminal proceedings against the trader. Any warranty provided must be additional to statutory consumer guarantees.

Warranty disclaimers between parties in trade are generally enforceable, but in some cases, for example where there is a substantial imbalance of bargaining power, disclaimers may be challenged.

By the law of contract, parties are free to submit themselves to any law of their choice, subject to conflicts with any mandatory provisions in such laws. Parties may also set their own values on the terms that they impose upon each other, and the consequences may be attached to any particular breach. By the Sales of Goods Act, enforceability of a warranty gives a right to an action for damages for the loss sustained but not the right to reject the goods or treat the contract as repudiated.

Disclaimers of warranty are usually enforced unless they are unconscionable, unclear or not conspicuous. Warranty disclaimers against consumers will most likely be covered by mandatory provisions seeking to protect the consumer, and, in case of an unclear contract terms, it must be interpreted in favor of the consumer.

N/A

The principal laws that apply to the sale of goods and services in the Philippines are the Civil Code of the Philippines (Civil Code) and Republic Act No. 7394, or the Consumer Act of the Philippines (Consumer Act). The Consumer Act regulates the sale of consumer products on the Philippine market. It prohibits deceptive, unfair and unconscionable sales acts and practices.

Sellers, in contracts for the sale of goods and services, may include a waiver, disclaimer or implied warranties that are provided in the Civil Code for the benefit of buyers. The implied warranties that are disclaimed are usually the implied warranties of merchantability, fitness for a particular purpose, hidden defects, against eviction and sometimes non-infringement and warranties arising from usage of trade and course of performance.

Disclaimers of warranty are usually enforced except on certain instances where the seller has no knowledge of the defect or acted in bad faith.

In B2B relations, warranty for defects may be extended, limited or excluded. However, the exclusion or limitation of liability on account of warranty for defects is considered invalid if the defect was hidden deceitfully.

In contracts concluded with consumers, the limitation or the exclusion of liability on account of warranty for defects is only admissible in the cases provided for in specific provisions.

This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

Sellers, in their contracts for the sale of goods under Article 1699 of the NCC, may not completely exclude their liability for damages caused by their own actions or generated by reasons known by the seller at the time of sale which were hidden from the buyer. Enforceability of disclaimers against consumers is of limited applicability as it is mandatory for companies to offer warranty for the products or services sold to consumers.

Warranty disclaimers may be recognized as invalid if they contradict mandatory Russian legal provisions, especially in the consumer context, where minimal statutory warranties in relation to specific goods or services are provided.

Warranty disclaimer language must be considered on a case-by-case basis. Such language is generally subject to review by the KSA courts, which will likely assess whether the wording fairly allocates risk between the parties.

The Sale of Goods Act 1979 and the Supply of Goods Act 1982 imply a number of conditions and warranties into the agreement, including, for example, implied conditions as to the seller's title to the goods and that the goods supplied under the contract are of satisfactory quality.

While it is not uncommon for a seller to disclaim warranties as to goods, where the contract for sale of goods is entered into with a consumer, disclaimers of warranties are subject to the reasonableness test under the Unfair Contract Terms Act 1977 which restricts the extent to which a seller may limit their liability in respect of their implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose under the Sale of Goods Act 1979.

In addition, the Consumer Protection (Fair Trading) Act 2003 will apply to consumer contracts alongside the  Sale of Goods Act 1979. If the goods do not conform to the applicable contract at the time of delivery, consumers have the right to require the seller to:

• repair the goods;
• replace the goods;
• reduce the amount paid for the goods by the consumer; or
• rescind the contract of sale.

Not applicable for this jurisdiction.

Under the KCC, a seller is obligated under a statutory warranty to ensure that the product sold is not defective, unless the buyer was or should have been aware of the defect before it accepted the product. If defects are found in the product sold, the Korean law subjects the seller to the warranty liabilities vis-à-vis the purchaser.

Disclaimers of warranties are usually enforceable in business to business deals unless they are unconscionable, unclear or not conspicuous. Disclaimers for gross negligence or willful behavior are void.

Warranty disclaimers against consumers are generally not allowed in most cases.

Disclaimers of warranty are usually enforced unless they are unconscionable, unclear or not conspicuous. Unless otherwise agreed, goods shall, according to the Sale of Goods Act (1990:931) (Köplagen) conform to the contract with respect to type, quantity, quality, other characteristics and packaging.

Unless otherwise specified in the contract, the goods shall:

1. Be fit the purpose for which goods of a similar kind are generally used
2. Be fit for the particular purpose for which the goods are intended to be used provided that the seller, at the time of sale, must have realized that particular purpose and the buyer was reasonably entitled to rely upon the seller's expert knowledge and judgment
3. Possess the characteristics which the seller has referred to by providing samples or models
4. Be packaged in the customary or otherwise satisfactory manner, if packaging is required in order to preserve or protect the goods

According to the Sales of Goods Act if the goods deviate from the abovementioned provisions or in some other respect deviate from the buyer's reasonable expectations, the goods shall be deemed to be defective.

The Sale of Goods Act may be applicable to intellectual property by analogy.

Consumer legislation on sale of goods provides mandatory provisions on warranties.

Disclaimers for implied warranties are generally enforceable unless defects have been concealed in bad faith by the disclaiming party. If express warranties are made for certain specifications, liability may not be validly excluded for these specifications, since this would constitute contradictory behavior.

If disclaimers are included in general terms and conditions, they are enforceable unless the provisions are unusual. Unusual provisions are only regarded as valid if the party proposing them has expressly drawn the attention of the other party to the special element.

The Federal Unfair Competition Act prohibits general terms and conditions that provide, contrary to good faith, for an unfair allocation of rights and obligations to the detriment of consumers.

Except for fundamental warranties, such as a warranty of normal functions of a product conformity or a quiet title warranty which cannot be disclaimed, disclaimers of other warranties (eg, fitness for a particular purpose or merchantability) are generally enforceable in Taiwan, provided that the Civil Code contains restrictions on enforceability under certain circumstances (eg, damages caused intentionally). Further and quite extensive limitations apply to contracts involving consumers.

Ukrainian law requires the guarantee to be granted by the producer – or its representative – of goods sold in Ukraine. Therefore, excluding guarantees, including the consumer guarantees, is not allowed. In case of commercial contracts, parties are generally free to define the scope of the guarantee. Thus, the wording of the guarantee provisions may contain, in fact, a limited guarantee.

In the UAE, suppliers of products (goods and services) are required to warrant that the products supplied conform to safety standards, are of good workmanship and are suitable for use in relation to their intended purposes. Suppliers are also required to warrant that the products are free from any defects and to undertake the repair or replacement of defective products. Generally, suppliers cannot contract out of these requirements. The local courts may therefore construe a warranty disclaimer accordingly.

In a contract for the sale of goods, the Sale of Goods Act 1979 (SGA) implies a number of terms into an agreement. It is possible, to a certain extent, to disclaim some but not all of these implied terms. The terms implied by the SGA include a condition that the seller has the right to sell the goods (Section 12), that the goods conform to their description (Section 13), that the goods are of satisfactory quality (Section 14) and a condition that the goods supplied will be reasonably fit for purpose (Section 14).

Where there is a supply of goods, terms are also implied (but similarly, may to an extent be disclaimed) by the Supply of Goods and Services Act 1982 (SGSA) relating to the description (Sections 3 and 11C) and the quality (Sections 4 and 11D) of the goods transferred. In a Supply of Services, terms are implied relating to the care and skill with which the work is performed (Section 13), requiring the work to be carried out within a reasonable time (Section 14) and that, where consideration is not expressed in the contract, the party contracting the supplier will pay a reasonable charge. Sections 13 and 14 are covered by common law rather than statute in Scotland.

The extent to which terms implied by the SGA and the SGSA may be excluded is largely controlled by the Unfair Contract Terms Act 1977 (UCTA). In a commercial contract, some of the implied terms, such those relating to quality or fitness for purpose, can be disclaimed (commonly referred to as “excluded”) but only insofar as this is “reasonable.” A typical approach is to expressly exclude an implied term, replacing it in the commercial contract with a more specific expressed term to cover the same issue. For example, the contract might exclude implied terms as to quality or fitness but expressly include terms agreeing that the goods will conform with the bespoke specification.

The restrictions in UCTA do not apply to international supply contracts (where contracting parties have places of business in different countries and the goods either cross from one country to another or where offer and acceptance take place in different countries).

The rules set out above in this section do not apply to consumer contracts. The Consumer Rights Act 2015 sets out a consumer's statutory rights over the quality of the goods, services and digital content that are supplied and the consumer's statutory remedies for the trader's breach of the supply contract. For example, the same quality requirements of the SGA and the SGSA referred to above are treated as the terms of the consumer supply contract for goods and services while similar, but different, rules apply to digital content. There are a number of terms in consumer contracts which cannot be excluded. The terms of consumer contracts and notices may also be considered unfair and not binding on consumers.

Sellers, in their contracts for the sale of goods under Article 2 of the UCC, customarily disclaim or exclude implied warranties that are provided in the UCC for the benefit of buyers. The implied warranties that are disclaimed are usually the implied warranties of merchantability, fitness for a particular purpose and sometimes non-infringement and warranties arising from usage of trade and course of performance.

Disclaimers of warranty are usually enforced unless they are unconscionable, unclear or not conspicuous. Enforceability of disclaimers against consumers may differ from jurisdiction to jurisdiction.