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.
- The Seller
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