Also known as: with all faults · all faults · as is
Written by attorneys · grounded in primary & secondary sources — see below
An expression in a contract for the sale or lease of goods that disclaims implied warranties. The phrase alerts the buyer or lessee that the goods are accepted in their existing condition with no warranty of quality or fitness.
Ava Adebayo sold used machinery to Apollo Energy under a contract stating the equipment was transferred with all faults. Apollo later discovered defects and sued for breach of the implied warranty of merchantability. The court dismissed the claim because the phrase had disclaimed all implied warranties.
Abigail Alvarez leased office equipment to Andre Antoine under a lease providing the goods were supplied with all faults. When the copiers failed to function, Andre could not recover on an implied warranty of fitness theory. The disclaimer language had excluded that warranty.
Aisha Ahmed sold used fleet vehicles to Artemis Logistics under a contract stating the vehicles were sold with all faults. Artemis discovered extensive rust and sought rescission. Recovery was barred because the phrase had eliminated implied warranties of merchantability.
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Amber Alonzo sold factory equipment to Ashford Manufacturing under an agreement that transferred the assets with all faults. Ashford later claimed breach of the implied warranty of fitness for a particular purpose. The court held the disclaimer effective under UCC § 2-316(3)(a).
Albert Allen sold used restaurant appliances to Apex Dynamics under a contract providing the items were sold with all faults. Apex later alleged the appliances were unfit. The claim failed because the language had excluded all implied warranties.
An actor purchased computer hardware under a contract stating the goods were accepted with all faults. When the hardware proved incompatible with existing systems, the buyer sued on an implied warranty theory. The court enforced the disclaimer and dismissed the action.
Yes. The expression calls the buyer's attention to the exclusion of warranties and makes plain that no implied warranty exists unless circumstances indicate otherwise.
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The statute requires only that the language in common understanding call attention to the exclusion. Conspicuousness is required for lease transactions but is not expressly mandated for sales of goods.
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Yes. The phrase disclaims only implied warranties. Any express warranty created by the seller's affirmations or descriptions remains enforceable.
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…him to exercise them. Moreover, it is consistent with our legal system that we give at least as much protection to these rights as is given in the jurisdictions described. We deal in our country with rights grounded in a specific requirement of the Fifth Amendment of the Constitution, whereas other jurisdictions arrived…