Product Disclaimers

Whether you sell children’s toys, bath products, barbecues, or something else entirely, you need to know how product disclaimers work. If not, you could end up exposing yourself and your business to a whole lot of unnecessary legal liability.

A product disclaimer is a written statement that’s designed to limit (or even completely eliminate) the legal liability that comes with selling products. For example, the maker of a product might include a disclaimer that says it’s not responsible for what happens if you use the product differently than the way it was intended to be used. Or a product disclaimer may say that there’s a limited warranty that only applies to certain portions of the product, and only for a limited window of time.

Let’s take a look at some of the most commonly used types of product disclaimers and why they’re important.

Limit of Liability Product Disclaimer

In the US, consumer law guarantees that products are safe as long as they are used in a reasonable and foreseeable way. The term “reasonable and foreseeable” is important here. With any product, there are specific ways that the average person will use it, and when you consider those uses, there are certain risks and consequences that may arise from them.

However, many manufacturers try to shield themselves from any kind of legal responsibility that might arise by including a general liability disclaimer that says something like:

“No claims, representations or warranties, whether express or implied, are made by both our companies as to the safety, reliability, durability and performance of any of our companies’ products. Furthermore, our company accepts no liability whatsoever for the safety, reliability, durability and performance of any of our companies’ products.”

However, if you think that typing out one of these general disclaimers will protect you from any and all legal action, think again. Legal experts say that these types of product disclaimers aren’t always valid in court because if they applied in every single situation, manufacturers would have no real incentive to make sure that their products are safe.

As Is or No Warranty Product Disclaimer

You may hear them referred to in two different ways, but an as is product disclaimer has the same effect as a no warranty product disclaimer.

Instead of a general disclaimer, some manufacturers will include an as is or a no warranty disclaimer. Specifically, they’ll say that the customer is buying the product in the exact condition it was in at the store.

Because potential customers have a chance to inspect the product before they buy it, these product disclaimers typically eliminate all of the manufacturer’s liability. After all, the consumer looked at the product, evaluated it, and bought it. If anything happens as a result of the product’s condition, the manufacturer isn’t legally responsible.

Here’s an example of an as is product disclaimer for a used car: