26/9/17 Disclaim


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 section 2-316 of the Uniform Commercial Code refers to what’s required to “exclude or modify” warranties. It doesn’t use disclaim or disclaimer.