Register to get FREE access

The UCC allows contracting parties to exclude or modify all implied warranties. There is no correlative requirement that if implied warranties are excluded, express warranties must be given. Thus, it is permissible, for example, to exclude all implied warranties and to provide for a ninety-day express warranty limited to repair or replacement of defective goods. Badger Bearing Co. v. Burroughs Corp., 444 F. Supp. 919 (E.D. Wis. 1977), aff'd without opinion 588 F.2d 838 (7th Cir. 1978).


In order to make an effective waiver of implied warranties, the provisions of § 2-316(2), Cal. Comm. Code, must be followed:  '* * * ...