CA · jury_instructions
CACI No. 3221
Affirmative Defense—Disclaimer of Implied Warranties
[Name of defendant] claims that it did not breach any implied warranties
because the [consumer good] was sold on an “as is” or “with all faults”
basis. To succeed, [name of defendant] must prove both of the following:
1. That at the time of sale a clearly visible written notice was
attached to the [consumer good]; and
2. That the written notice, in clear and simple language, told the
buyer each of the following:
a. That the [consumer good] was being sold on an “as is” or
“with all faults” basis;
b. That the buyer accepted the entire risk of the quality and
performance of the [consumer good]; and
c. That if the [consumer good] were defective, the buyer would be
responsible for the cost of all necessary servicing or repair.
New September 2003; Revised June 2010
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2023
- Content hash
8cd3dd7a0f1285dd16633374b87ab9445b7c9b1a751081f4d50c114371c547a9
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