| Commentary

48.5 Drafting points—warranties

| Commentary

48.5 Drafting points—warranties

  1. (a)

        Is a party prepared to give any warranty at all? If no warranties are offered, then the terms implied by law may take effect, which may be wider or more extensive than a party is prepared to give.

  2. (b)

        If goods or services are being provided by a party, is that party prepared to offer warranties to the extent of what is implied by law? For example:

    1. (i)

          for goods, that the goods are of satisfactory quality and comply with their description;

    2. (ii)

          for services, that the services were provided with reasonable care and

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