Can a seller exclude or limit liability for defective products?

How the answer differs across 11 jurisdictions

The Short Answer

No — sellers cannot fully exclude statutory warranty rights for consumers in Germany; such exclusions are void under mandatory consumer protection rules.

0 years
Minimum warranty period
2 years
Standard warranty duration
1 year
Used goods warranty
30 days
Delivery deadline
The Short Answer

No — in Canada, a company generally cannot limit its liability for defective products through a contract clause if the defect breaches an essential obligation, violates statutory implied warranties, or constitutes a fundamental breach.

Not enforceable
Fundamental breach
Implied warrant
Statutory protection
Essence of duty
Civil Code QC
1989
Hunter v. Syncrude
AustraliaFull article
The Short Answer

No, a 'no refund' policy does not override your consumer guarantee rights under Australian law. These rights are automatic and cannot be excluded by store policies.

ACL s. 64
No exclusion clause
30 days
Major failure window
100% refund
Remedy for major failure
Automatic
Guarantees apply
The Short Answer

A company in Ireland must honour its guarantee under the Consumer Rights Act 2022, which makes guarantees legally binding and enforceable by consumers.

s. 34
Relevant section
2022
Enactment year
Legally binding
Guarantee status
Free of charge
Remedy requirement
SingaporeFull article
The Short Answer

You can ask for a repair, replacement, price reduction, or cancellation of the contract — the seller must comply if the goods do not meet the implied warranty under the Sale of Goods Act.

s. 14
Implied warranty
Cap. 393
SGA citation
1999 Rev Ed
Latest revision
Reasonable time
Claim deadline
The Short Answer

You can file a complaint with the District Consumer Disputes Redressal Commission within 2 years of the dispute arising, seek replacement/repair/refund, or claim compensation for losses caused by the seller’s refusal to honour the warranty.

2 years
Limitation period
₹1 crore
District Commission limit
30 days
Seller response time
Free
Filing fee <₹500
The Short Answer

No, a trader cannot exclude or restrict liability for faulty goods under the Consumer Rights Act 2015 — such terms in T&Cs are automatically unfair and unenforceable against consumers.

Automatically v
Exclusion status
2015
Act year
s. 31
Relevant section
Consumers only
Applies to
US FederalFull article
The Short Answer

No, a manufacturer cannot void your warranty solely because you used a third-party repair service — federal law prohibits this under the Magnuson-Moss Warranty Act.

15 U.S.C. § 230
Governing statute
No voiding allo
Warranty rule
No tie-in sales
Prohibited practice
FTC enforced
Enforcement agency
US-CaliforniaFull article
The Short Answer

Yes, a business can disclaim implied warranties in California, but only if the disclaimer is conspicuous and meets strict statutory requirements under the Commercial Code.

UCC § 2316
Governing law
Conspicuous
Required format
Written
Must be in writing
No waiver
Consumer rights protected
US-New YorkFull article
The Short Answer

Yes, a seller in New York can disclaim the implied warranty of merchantability, but only if the disclaimer is conspicuous and uses specific language such as 'merchantability' or 'all warranties.'

UCC § 2-316
Governing statute
Conspicuous
Required format
In writing
Must be written
‘Merchantabilit
Required term
The Short Answer

No, terms that unilaterally harm consumer interests are generally unenforceable under Japan’s Consumer Contract Act.

Act No. 61
Consumer Contract Act
s. 10
Void clauses
30 days
Cooling-off period
¥50,000
Penalty cap

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.