10/06/16 DISCLAIM

e-legal lesson

A disclaimer is a renunciation of one’s legal right or claim or a repudiation of another’s right or claim. And the verb disclaim has the corresponding meaning.
But when a party disclaims something (usually warranties), generally a simpler and clearer alternative is available.

The Agent Parties expressly disclaim liability

[read will not be liable] for errors or omissions in the Communications.
The Seller disclaims [read is not making] any warranty of merchantability or fitness for a particular purpose in connection with the Buyer’s purchase of units of any Product under this agreement.
It’s relevant that the Uniform Commercial Code refers to what’s required to “exclude or modify” warranties. It doesn’t use disclaim or disclaimer.