Re: warranty or liability?

Subject: Re: warranty or liability?
From: Andrew Plato <intrepid_es -at- yahoo -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Wed, 17 Oct 2001 09:35:33 -0700 (PDT)

"Andreas Ternes" wrote...

> 1) warranty is disclaimed
> or
> 2) liability is excluded
> We are Germans with English as second language and we can't see a
> difference between these two possibilities.

There is a subtle difference.
A warranty is a statement that a party to honor and support its goods and
services. Therefore, to disclaim a warranty is in essence to say "we
won't promise that this will work."

Liability is a whole different beast. Liability refers to responsibility
in relation to a good or service. If I sell you a car and it explodes, I
liable for your damages. Thus to exclude liability would be to say "if
this goes bad, we are not liable for what it may do to you."

There is a slight difference here. The first (warranty) is telling
somebody that you will not make any promises. The second (liability) says
you cannot be held responsible if it doesn't work.

You could actually do both - disclaim warranty and exclude liability. That
would be saying "we won't promise that this works and you cannot hold us
responsible for anything if it causes you harm."

That is my guess - but I am not a lawyer.

Andrew Plato

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