Whether you are the manufacturer, seller or purchaser it is important to understand the type of warranty in your contract.
Warranties are big terms and conditions in a contract stating what as a manufacturer or seller are you warranting when you sell your product. There are a couple different types of warranties – express and implied. Understanding the difference between the two is very important because there are ways to disclaim or not disclaim these warranties in your purchase agreement. Express warranties are promises, and opinions with no magic language. Implied warranties are that the goods will be merchantable if the seller is a merchant with respect to goods of that kind. Disclaimers of these warranties must be conspicuous and made at the time of sale.
Agenda
Faculty
Marlo Orlin Leach
Leach & Lowe LLC
- Managing member of Leach & Lowe LLC
- Focuses legal practice on tort, commercial, and environmental litigation
- Defends premises and product liability actions involving property damage and personal injury; including claims based on toxic torts, indoor air quality, and the manufacture and use of tools, machinery and chemicals
- Has spoken at national seminars on terms and conditions in purchase agreements and on warranties under Article 2 of the UCC
- Experienced in a variety of complex cases including business disputes, real estate and partnership disputes, RICO and fraud claims, breach of fiduciary duty claims, breach of warranty claims and complex contract matters
- Member of numerous professional and civic organizations
- J.D. degree, magna cum laude, Georgia State University College of Law; B.A. degree, Emory University
- Can be contacted at [email protected]
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