Implied Warranty of Merchantability Arizona

According to the Magnuson-Moss Warranty Ac, an implied warranty arises under state law in connection with the sale by a supplier of a consumer product. 15 U.S.C. 2301(7). In Arizona, an implied warranty of merchantability arises in a contract for a sale of goods by a merchant unless excluded or modified. A.R.S. 47-2314(A) (1997). As a general rule, an "as is" sale excludes such a warranty after the statutory fifteen-day and 500-mile limits. A.R.S. 47-2316(C)(1) (1997); A.R.S. 44-1267(B)(2003). The Act, however, limits the supplier's ability to disclaim or modify implied warranties by providing: No supplier may disclaim or modify . . . any implied warranty to a consumer with respect to such consumer product if: (1) such supplier makes any written warranty to the consumer with respect to such consumer product, or; (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product. 15 U.S.C. 2308(a).