Can a seller exclude or limit liability for defective products?
How the answer differs across 11 jurisdictions
GermanyFull article No — sellers cannot fully exclude statutory warranty rights for consumers in Germany; such exclusions are void under mandatory consumer protection rules.
CanadaFull article 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.
AustraliaFull article 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.
IrelandFull article A company in Ireland must honour its guarantee under the Consumer Rights Act 2022, which makes guarantees legally binding and enforceable by consumers.
SingaporeFull article 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.
IndiaFull article 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.
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.
US FederalFull article 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.
US-CaliforniaFull article 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.
US-New YorkFull article 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.'
JapanFull article No, terms that unilaterally harm consumer interests are generally unenforceable under Japan’s Consumer Contract Act.
Read Full Articles
GermanyCan the seller exclude warranty in the contract?
CanadaCan a company limit its liability for defective products through a clause in the sales contract?
AustraliaThe retailer says they have a 'no refund' policy. Does this override my consumer guarantee rights?
IrelandA company refused to honour its guarantee.
SingaporeThe seller refuses to honour the warranty. What are my options?
IndiaThe seller refuses to honour the warranty. What are my options?
UKCan a trader exclude liability for faulty goods in their T&Cs?
US FederalCan a manufacturer void my warranty because I used a third-party repair service?
US-CaliforniaCan a business disclaim implied warranties in California?
US-New YorkCan a seller disclaim the implied warranty of merchantability?
JapanAre terms that unilaterally harm consumer interests enforceable?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.