By: Malini Mukherjee, Palak Shah, Siddhi Ghatlia
Warranties are a key feature of commercial contracts, providing enforceable assurances about the quality, performance, or characteristics of goods and services. They allocate risk and shape remedies for non-performance or defects. Under Indian law, warranties may be express or implied, making it important to identify which must be expressly set out or excluded, which cannot be excluded, and how liability can be limited or expanded. This article examines these categories, emphasising how careful drafting can reduce disputes, clarify relationships, and build long-term trust.
