Which type of product warranty requires a disclaimer to explicitly mention it unless "AS IS" or "WITH ALL FAULTS" is stated?

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The implied warranty of merchantability is a legal concept that automatically applies to goods sold by merchants. This warranty ensures that the goods are fit for the ordinary purposes for which they are used. When a seller wants to exclude or modify this warranty, they must provide a clear disclaimer. If the seller states that the goods are being sold "AS IS" or "WITH ALL FAULTS," this serves as a sufficient disclaimer, indicating that the buyer accepts the product with any defects and that the seller does not make any guarantees about its quality or fitness. This requirement helps protect the seller while ensuring that the buyer is aware of the limitations on the warranty.

In contrast, express warranties are specific promises or affirmations made by the seller regarding the quality or nature of the goods, usually in the form of written or oral statements, and do not require a disclaimer in the same way. The implied warranty of fitness for a particular purpose comes into play when a seller knows of a specific purpose for which the buyer intends to use the goods, but this also involves different rules when it comes to disclaimers. The implied warranty against infringement, meanwhile, relates to the freedom from claims of intellectual property rights and is not specifically tied to broad disclaimers like "AS IS."

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