Clause guide
Warranty Clause clause: meaning, risks, and what to negotiate
Promises that certain statements about a product or service are true.
What it means
Warranty clauses create legal guarantees. If those guarantees are broken, the other party may have legal remedies.
Common risks
- • Warranties may be too broad.
- • You may guarantee performance beyond your control.
- • Warranty periods may be longer than necessary.
What to check before signing
- • What exactly is being guaranteed?
- • How long does the warranty last?
- • What remedies are available if the warranty is breached?
Negotiation ideas
- • Limit warranty scope to specific deliverables.
- • Shorten warranty periods.
- • Limit remedies to repair or replacement.
Example clause
“Provider warrants that the Services will be performed in a professional and workmanlike manner.”
Frequently asked questions
What is the difference between a warranty and a representation?
A warranty promises something is true, while a representation states a fact relied upon by the other party.
Related clauses
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