Warranty Release Of Liability for the United States

Warranty Release Of Liability Template for United States

A Warranty Release of Liability is a legal document used in the United States that formally terminates warranty obligations and releases the warrantor from future claims related to the warranty. The document complies with federal warranty laws, including the Magnuson-Moss Warranty Act, and applicable state consumer protection regulations. It provides clear terms for the release of warranty obligations while protecting both parties' legal rights.

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What is a Warranty Release Of Liability?

A Warranty Release Of Liability is commonly used when parties wish to terminate existing warranty obligations, often in exchange for consideration. This document is particularly relevant in situations involving product returns, settlements, or warranty buyouts. It must comply with U.S. federal and state warranty laws, including the Magnuson-Moss Warranty Act and state consumer protection regulations. The document typically includes specific details about the original warranty, the scope of the release, and any surviving obligations or limitations.

What sections should be included in a Warranty Release Of Liability?

1. Parties: Identification of the warrantor and warranty recipient

2. Background: Context of the warranty and circumstances leading to the release

3. Definitions: Key terms used in the document including 'Warranty', 'Released Claims', and 'Product'

4. Scope of Release: Specific warranties being released and extent of the release

5. Consideration: Value exchanged for the release

6. Acknowledgments: Parties' understanding of rights being waived and voluntary nature of release

7. Governing Law: Specification of applicable jurisdiction and governing law

What sections are optional to include in a Warranty Release Of Liability?

1. Surviving Warranties: Section detailing any warranties that remain in effect after the release

2. Product Description: Detailed description of specific product(s) covered by the warranty release

3. Dispute Resolution: Procedures for resolving any disputes related to the release

4. Severability: Clause ensuring remainder of agreement remains valid if any portion is found unenforceable

What schedules should be included in a Warranty Release Of Liability?

1. Schedule A - Product Details: Comprehensive list and description of products covered by the warranty release

2. Schedule B - Original Warranty Terms: Copy of the original warranty terms being released

3. Schedule C - Inspection Reports: Documentation of product condition and any relevant inspection findings

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, requiring clear disclosure of warranty terms and protecting consumer rights

FTC Warranty Regulations: Federal Trade Commission rules that regulate how warranties must be presented and enforced in consumer transactions

Consumer Product Safety Act: Federal legislation ensuring consumer products meet safety standards and relating warranty obligations

UCC Article 2: Uniform Commercial Code provisions governing sales and warranties, including express and implied warranties

State Consumer Protection Laws: State-specific legislation protecting consumers' rights in warranty and liability matters

State Warranty Laws: State-specific regulations governing warranty terms, conditions, and enforcement

State Contract Laws: State-specific rules governing contract formation, enforcement, and interpretation

State Product Liability Laws: State-specific regulations governing liability for product defects and related warranties

Unconscionability Doctrine: Legal principle preventing enforcement of contracts that are grossly unfair to one party

Public Policy Limitations: Legal restrictions on warranty releases that violate public policy or attempt to waive certain fundamental rights

Duty to Warn: Legal obligation to provide adequate warnings about product risks and limitations

Express vs. Implied Warranties: Distinction between explicitly stated warranties and those automatically provided by law

Non-Waivable Rights: Legal rights that cannot be waived in a release, including intentional misconduct and gross negligence claims

Clarity Requirements: Legal requirements for clear, unambiguous, and conspicuous presentation of warranty terms

Enforceability Factors: Essential elements for legal enforcement including consideration, voluntary agreement, and capacity of parties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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