Answers / Contract clauses
CONTRACTS

What does "AS IS" and a warranty disclaimer mean in a contract?

SHORT ANSWER

A warranty disclaimer strips out promises the law would otherwise imply — that goods work, that they fit your purpose. "AS IS" in capital letters is the classic form. What’s left is only what’s expressly promised.

The law implies certain warranties into many sales — that goods are merchantable (work as such goods should) and, sometimes, fit for your particular purpose. Warranty disclaimers exist to remove them: "ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED" or the blunt "AS IS," typically in conspicuous capitals because the law requires disclaimers to be conspicuous. After an effective disclaimer, you’re left with only the express promises actually written in the deal — which is why the specs, SLAs, or express warranty section suddenly matter enormously. Consumer protection laws limit disclaimers in some contexts, and fraud is never disclaimable, but between businesses these clauses usually stick.

What to do, in order

  1. Find the disclaimer — look for conspicuous capitals.
  2. Identify which implied warranties it removes.
  3. Locate what express promises remain — that’s your protection now.
  4. Check consumer-protection limits if you’re buying as a consumer.
  5. Negotiate express warranties for the things that matter.

Common questions

What is the implied warranty of merchantability?

A default promise that goods work as such goods ordinarily should. It exists automatically in many sales — unless conspicuously disclaimed.

Can fraud be disclaimed with AS IS?

No — active deception and concealment of known defects survive disclaimers. AS IS shifts the risk of unknown problems, not the seller’s lies.

Stop guessing what your document says.

Upload the actual document and Main AI reads every clause, flags the risks, extracts the deadlines, and cites the law — free to start, no signup to see your first analysis.

Run the Contract Analyzer — free →
Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.