Also known as: as-is · as is where is
Written by attorneys · grounded in primary & secondary sources — see below
A phrase used in a contract for the sale of goods to disclaim all implied warranties. The phrase calls the buyer's attention to the fact that the goods are accepted in their existing condition with no warranty of merchantability or fitness.
Seller Apollo Energy offered a fleet of used trucks to buyer Atlas Ventures. The contract stated the trucks were sold as is. After delivery Atlas discovered that several trucks had defective transmissions. Atlas sued claiming breach of the implied warranty of merchantability. The court dismissed the claim because the as is language excluded all implied warranties.
Owner Alfred Ashford sold a used tractor to neighbor Audrey Ashton. The bill of sale contained an as is clause. When the tractor's engine failed two weeks later Audrey sought to revoke acceptance. The court held that the as is term prevented any claim based on implied warranties.
Dealer Andre Antoine sold a used printing press to publisher Ava Adebayo under a contract that included an as is provision. After the press malfunctioned Ava claimed the seller had failed to disclose known defects. The court ruled the as is clause barred the implied warranty claims.
Select any source to read its text and confirm it supports the definition.
Retailer Arcadia Retail sold a used delivery van to buyer Adrian Aguilar with an as is clause in the sales document. When the van's brakes failed Adrian sued for breach of warranty. The court enforced the as is term and dismissed the warranty action.
Company Austin Abbott purchased used factory equipment from seller Alliance Holdings. The agreement stated the equipment was sold as is. After discovering latent defects Austin attempted to sue under an implied warranty theory. The court held the as is language had excluded those warranties.
Buyer bought a used commercial oven from seller under a contract containing an as is clause. The oven's heating element later caused a fire. The buyer sued alleging breach of the implied warranty of fitness. The court granted summary judgment to the seller because the as is term had disclaimed all implied warranties.
Yes. Under UCC § 2-316(3)(a) an as is clause excludes all implied warranties unless the circumstances indicate otherwise. Courts treat the phrase as language that in common understanding calls the buyer's attention to the exclusion.
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The UCC text does not expressly require conspicuousness for an as is clause. Many courts nevertheless impose a conspicuousness requirement to prevent surprise to buyers.
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Revocation is possible only if the seller's conduct amounts to fraud or the as is clause itself is ineffective. The clause itself bars claims based on implied warranties of quality.
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No. An as is clause disclaims only implied warranties. Any express warranty created by the seller's affirmations or descriptions remains enforceable.
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…The second and third questions, on the other hand, are directed to the issue whether a taking has occurred. [^maj-25]: As is implicit in our opinion, we do not embrace the proposition that a “taking” can never occur unless government has transferred physical control over a portion of a parcel. [^maj-26]: Both…