Buyer waives warranty in technology goods contracts

Abstract

The defect in the legal guarantee differs from the defect in the contractual guarantee. The former occurs when the defect is discovered, even if the product is fit for use, while the latter occurs when a defect occurs in the product that renders it unfit for use. The buyer’s disposal of the sale after discovering the defect in any way lapses his right to the guarantee and he has no right to claim the guarantee from the seller. It is necessary to rely on the express waiver of the guarantee without the implicit waiver, which leads to stability in dealings as well as simplifying the mechanisms for resolving claims arising from the guarantee. It is also necessary to allow the buyer to refer to the seller with the guarantee in the event that he disposes of the sale after discovering the defect, because he guarantees the defect against the new buyer.