Can a seller exclude an implied warranty through a contract term?

British Columbia, Canada


The following excerpt is from Russell v. Tater, 2021 BCCRT 341 (CanLII):

23. A seller of used goods can exclude this implied warranty through a contract term, but the seller must do so in clear and unambiguous language: Conners v. McMillan, 2020 BCPC 230 at paragraphs 63 to 65.

Other Questions


What is the effect of a change in terms of terms and conditions in an employment contract when an employee finds that the terms of their employment contract have been changed so that they no longer exist? (British Columbia, Canada)
Is overtime entitlement implied as an implied term on a contract? (British Columbia, Canada)
Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
Can an implied term in a commercial contract be implied? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
Is there an implied warranty in all contracts for work and labour? (British Columbia, Canada)
What are the exceptions to a contract where the contract is signed by one party to the other's mistake as to the terms? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.