Can the legal warranty be limited or excluded? | ScriptaLegal
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Frequently asked questions > Maritime > Sale > Can the legal warranty be limited or excluded?

Can the legal warranty be limited or excluded?

The law allows the parties to limit the effects of or exclude the legal warranty provided such limitation or exclusion is expressly and unmistakably stated in the contract. An ambiguous stipulation will be interpreted in favour of the buyer by the courts and will result in the enforcement of the legal warranty. Remember that any sale is deemed to be made with the legal warranty unless otherwise expressly stated.

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A common example of limitation of warranty is a statement that the sale is made with the legal warranty of ownership, but without the warranty of quality of the movable property. This statement ensures that the seller provides the buyer with a warranty for the exercise of the right of ownership on the movable property, but not against latent/hidden defects that can potentially affect said movable property.

However, it should be noted that in no case may the seller exempt himself from liability for his personal fault, even if the sale would be made without warranty. This personal fault can result from actions of the seller which affect the exercise of the right of ownership by the buyer and which the seller has not disclosed. A frequent wording in this respect is that "the sale is made without warranty except for the seller's personal acts or omissions".

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