Waiver of Implied Warranty of Fitness In Texas
In G-W-L, Inc. v. Robichaux, 643 S.W.2d 392, 393 (Tex. 1982), the Texas Supreme Court was presented with the question of what is sufficient to exclude the implied warranty of fitness created in Humber v. Morton. Both parties agreed in G-W-L that the implied warranty could be waived by proper language. Id.
The court held that the language waiving the implied warranty must be "clear and free from doubt." Id.
The disclaimer language in G-W-L stated that there were no warranties, express or implied, in addition to those set forth in the listed documents. Id.
The court reasoned that the parties to a contract have an obligation to protect themselves by reading what they sign, and the disclaimer language met the standard necessary to exclude the Humber warranty. Id.