2006 Minnesota Code
Chapters 324 - 338 Trade Regulations, Consumer Protection
Chapter 325G Consumer Protection; Solicitation of Sales
Section 325G.18 IMPLIED WARRANTIES.

325G.18 IMPLIED WARRANTIES.
Subdivision 1. Merchantability and fitness for intended purpose. Unless disclaimed in the
manner prescribed in subdivision 2, every consumer sale in this state shall be accompanied by
an implied warranty that the goods are merchantable, and, in a consumer sale where the seller
has reason to know that the goods are required for a particular purpose and that the buyer is
relying on the seller's skill or judgment to select or furnish suitable goods, an implied warranty
of fitness. A seller may, however, limit damages or remedies for breach of implied warranties
as provided in chapter 336.
Subd. 2. Disclaimers. No consumer sale on an "as is" or "with all faults" basis shall be
effective to disclaim the implied warranty of merchantability, or, where applicable, the implied
warranty of fitness, unless a conspicuous writing clearly informs the buyer, prior to the sale, in
simple and concise language each of the following:
(1) the goods are being sold on an "as is" or "with all faults" basis; and
(2) the entire risk as to the quality and performance of the goods is with the buyer.
In event of a consumer sale by means of a mail order catalog, the catalog may contain the
required writing in lieu of the requirement of notification prior to the sale.
History: 1973 c 692 s 2